It is important to address the duties of a landowner during voir dire in premises liability cases. These duties include the duty to exercise reasonable care to make the premises reasonably safe for a business invitee. The possessor must exercise reasonable care to protect customers from unreasonable risk of harm, including in areas that look … Read More
How to Approach Jury Selection in Premises Liability
The most difficult aspect of any premises liability case is liability; specifically, it is the fact that plaintiffs usually control most of the circumstances surrounding the injury. Plaintiffs in premises liability cases have control over where they are looking, what they recognize as dangers, and how fast they are walking. By comparison, people in car … Read More
Safety Precaution Recommendations for Motorcyclists
It is common knowledge that motorcycle drivers are at a heightened risk of accident-related injuries and death than drivers of cars, trucks, and other passenger vehicles. Motorcycles generally travel at the same speeds as enclosed motorized vehicles, often overtaking those cars, yet motorcycle drivers and passengers have virtually none of the protections that drivers of … Read More
Cost of Future Care in Car Accident Settlement
It is a frightening scenario that many Oregonian drivers know well: you are carefully driving down a snowy road when you notice a vehicle moving in your direction too fast given the winter conditions. Loss of control in this context is as probable as an accident. In Oregon’s mountain towns like Bend, shortened winter days … Read More
Medical Expenses Reduced for Injured Motorcyclist
Dwyer Williams Cherkoss PC was recently contacted by a man who was seriously injured while riding his motorcycle. This man was lawfully riding through a quiet neighborhood when he was abruptly struck by a motorist who backed out of a driveway without inspecting oncoming traffic. He was knocked clear off of his motorcycle and he … Read More
No Evidence of Financial Condition – Motion in Limine
With rare exception, evidence of the defendant’s financial condition has no place in a personal injury trial. The only issues before the jury are 1) whether the defendant was negligent or otherwise at fault, 2) whether said liability caused the plaintiff injuries or damages, and 3) a determination of the plaintiff’s related injuries and value … Read More