Not My Problem, I’m Just Renting. Tenant Liability for Rental Property

What happens if you get hurt at your apartment? Is your landlord responsible for paying your medical bills?

Possibly, depending on the facts.  Let me explain more.

The Legal Theory of Premises Liability.

In Oregon, “premises liability” law is the legal theory that  holds a person who is in possession and control of land or premises, or land owner, can be liable for injuries to others in certain circumstances.  Those circumstances are very fact specific, but generally start by classifying the plaintiff’s relationship to the land owner.  Was the plaintiff on the premises because the owner was trying to sell something?  Was the plaintiff a trespasser, or a social guest?  Next the analysis looks at facts of accident with the aim of determining whether the owner did, or failed to to do, something that foreseeably created an unreasonably harm that caused injuries to the plaintiff.  How the plaintiff is classified affects how a court determines whether the action or inaction of the owner created an foreseeable and unreasonable harm.

 

Knowing what factors the court in your state will apply is why it is important for you to consult with knowledgeable personal injury attorneys. We have offices throughout Oregon and we offer free consultations. In many slip and fall cases that happen on rental property, (ignoring the visitor’s status for now and assuming our visitor did nothing wrong) either the tenant or the landlord, could be held responsible. It all depends on the facts of the particular situation.

For example, if our visitor slipped and fell on ice on the sidewalk leading up to the rental home, the landlord will probably be held liable for the visitor’s injuries. This is because landlords frequently retain control over areas like sidewalks and driveways and are responsible for maintaining these areas. On the other hand, if you agreed in your lease that you would provide snow and ice removal in the winter for the driveway and sidewalk, then you will be responsible for the visitor’s injuries.

What are the Facts of Your Case?

If you were injured or know someone who was, or if you just have questions about your potential liability as a renter, we can help. We offer free consultations and we have offices in Salem, Medford, Bend, Portland, Eugene, Albany, Grants Pass, Klamath Falls, and several other cities in Oregon. We also have offices in Vancouver and Tri-Cities in Washington. To set up an appointment, call us toll free at: 1-800-682.9568

What You Should Know About First Party Benefits

 

No one likes to think about car accidents. Or car insurance. But while it might not be sexy, car insurance is critical. And knowing what “First Party Benefits” are and how they can protect you and your loved ones, can be immeasurably valuable.

What Are First Party Benefits?

In Oregon, all drivers are required to carry car insurance. Drivers are required to purchase minimum insurance coverage (limits) that includes: bodily injury (“BI”), property damage, personal injury protection (“PIP”), and uninsured motorist / underinsured motorist  (“UM/UIM”) coverage.

The State of Oregon requires all drivers to carry car insurance that complies with the amount mandated by the Financial Responsibility Law. That means you must purchase liability and UM/UIM coverage of at least  $25,000/$50,000.  It also means that you must purchase “no-fault” PIP insurance of at least $15,000.00.

No-fault insurance means that, regardless of who was to blame for the accident, each driver’s insurer pays their own medical expenses, lost wages and other costs.

“First Party Benefits” is another term used to describe insurance coverages that are provided to you and your family regardless of fault in an accident. These benefits are frequently referred to either as “First Party Benefits” or “no-fault” benefits. PIP is a “no-fault” or “First Party” benefit. In the event of an accident, PIP pays for your medical expenses, regardless of fault. PIP coverage will pay for all reasonably related medical treatment required, up to one year or $15,000.00—whichever comes first. You can, of course, increase the amount of your PIP coverage by paying for more than the minimum of $15,000.00.

The minimum PIP coverage not only pays for your medical bills, but it will pay for other things like loss of income, household services (to replace things you can no longer do at home), and funeral benefits as well.

It is important that you read your policy and understand what it covers.

Oregon is Not a No-Fault State.

Even though you are required to carry no-fault insurance in Oregon, Oregon is not a no-fault state. What that means is that, unlike other states that are “no-fault” states, in Oregon, you retain your right to sue the at-fault driver to recover the cost of your medical expenses, lost income, and even pain and suffering. It’s important that you understand not only your responsibilities when it comes to car insurance, but the law and your options. That’s why, if you are in a car accident, you should hire an attorney as soon as possible. At OlsenDaines, we handle car accidents and personal injury claims. We offer free consultations, and we can help.

Washington allows drivers to elect not to purchase PIP coverage. However, if you do not have PIP coverage as part of your policy and if you do not have health insurance, you will need to pay for medical treatment up-front and you will probably need to find a doctor or medical provider who will allow you to make payments for your health care for the time it takes to resolve your personal injury case.

We Handle Car Accidents.

Insurance coverage that protects you and your family is important. Filing a personal injury lawsuit to recover for your losses after a car accident is never easy. We are here to help. If you are in Portland, Eugene, Coos Bay, Medford, or any other city in Oregon, we have an office near you. We also have offices in Washington, and we provide free initial case consultations. To schedule an appointment, give us a call or send us an email.

What Damages Cap Means For Your Lawsuit

When you are injured by the negligence of someone else, you could end up with a mountain of medical bills, significant pain, suffering, property damage, emotional distress, lost wages or more. Generally, you (the plaintiff) file a lawsuit against the party that injured you (the defendant) to make him pay —both literally and figuratively— for the damage he caused you. You are usually looking for money damages to compensate you for the harm you have suffered.

Economic and Non-economic Damages.

Money damages come in two flavors: economic and non-economic. Economic damages refer to money losses, like medical bills, car repair costs, lost wages, etc.

Noneconomic damages, however, refer to more intangible damages, like injury to reputation, mental distress, or humiliation. In the context of a personal injury action, “pain and suffering” generally refers to the noneconomic, mental or emotional damage you suffer as the result of an injury or accident.

Not surprisingly, the costs of a serious accident, injury, or medical malpractice case or an incident where a death ensues, can skyrocket into the millions pretty quickly.

So, can a seriously injured person recover the full amount of her or his claim?

No, not in Oregon

Caps on Damages.

Damages caps are laws that limit the amount of non-economic damages that a plaintiff can recover. Each state has its own damages cap. To find out what the cap on non-economic damages are in the states of Oregon, consult with knowledgeable personal injury attorneys.

Damage caps are an issue of public policy.  I have personally seen how they can effect people with catastrophic and life changing injuries.

What a damages cap means to your lawsuit is that you may be limited in the amount of money you can recover for your pain and suffering or mental and emotional damages.

What do if you are facing a serious, catastrophic injury

Every case is different.  Developing a good legal strategy to deal with the caps and maximize your settlement is paramount. We offer free consultations, reasonable fees, and are committed to getting our clients the relief they need. To set up an appointment, call us toll free at: 1-800-682.9568 or contact us through our website.

Dog Bites and Personal Injury

“Man’s best friend” can become your wallet’s worst enemy in a flash — of teeth. Liability for dog bites varies from state to state, however, in general, if you are the owner (or, “pet parent” if you prefer) harborer, or keeper of a dog that bites someone, you can be held liable for the injured person’s economic and in some cases, noneconomic (pain and suffering) damages.

In both Oregon and Washington where we practice, dog owners can be held liable for a dog bite victim’s economic damages. Economic damages can include: medical expenses, rehabilitative services, loss of income, and past and future impairment of earning capacity. Depending on how severe the bite is, things can get expensive pretty fast. Noneconomic damages, such as pain and suffering, may in some cases be more difficult to get, but they can be recovered as well.

Not So Free “One-Free” Bites.

Contrary to what many people may believe, you don’t get a free pass in life and in many states —– like Washington— your dog does not get one “free” bite. Fido bites, you pay. It’s as simple as that. It doesn’t matter that the dog had never bitten anyone before or that the owner had no idea that the dog would bite someone.

In Oregon, the laws are a little less strict. But not much. The dog bite victim does not have to prove that the owner of the dog knew or should have known that the dog would bite in order to recover economic damages, and it is no defense to the owner that he couldn’t foresee that the dog would bite someone.

However, in Washington, unless the dog is a police dog, the owner is strictly liable for the dog’s actions, if the dog victim was attacked in a public place, or private place where he had a right to be. This “absolute” or “strict” liability means that, consistent with other personal injury claims, the owner of a dog that has bitten someone will be liable for whatever amount of money the jury, judge or arbitrator determines is fair to compensate the victim for his or her economic and noneconomic damages. That means that the dog owner will be responsible for paying the victim’s past and future medical bills, wage loss, impaired earnings, anxiety, fear, sleeplessness, pain, mental anguish, disfigurement and more.

In Oregon, it is a little more difficult for the bite victim to get noneconomic (pain and suffering) damages. Because dog owners are not held strictly liable if their dog bites someone, the victim would have to prove that the dog had known “dangerous propensities.”

We Are Here To Help!

If you are the victim of a dog bite or own a dog that has attacked someone, we can help. We are experienced attorneys with offices in Washington and throughout Oregon. We offer free consultations, reasonable fees, and are committed to getting our clients the relief they need. To set up an appointment, call us toll free at: 1-800-682.9568 or contact us through our website.

Bankruptcy and Student Loans

Ahh, the American dream. You start with nothing, get an education, work your assets off, and end up rich and successful. But is that really how it goes? Everyone knows that it is absolutely critical that you get a good education in order to get ahead. The average price of a college education can range anywhere from  $24,610 to $49,320! So what happens when you have little to no money yet need a college education or advanced degree to live the American dream? Many times, you take out student loans. And sometimes you end up living the American nightmare instead of the American dream. You find yourself drowning in student debt and despair.

Does that mean that you are you destined to drive a truck, work in the factory, be a farmworker, waitress, or work construction forever? Or that you have to always live near the poverty line in order to pay back your student loans?

We don’t think so. We believe that the poor should have access to good financial advice and be empowered with the financial information they need to not be taken advantage of when it comes to student loans or anything else.

Student Loan Debt.

We know that it is difficult to discharge student loan debt in bankruptcy. Most debtors won’t be able to discharge student loan debt through a Chapter 7 or Chapter 13 filing. But that does not mean you don’t have any options or possibilities.

The Undue Hardship Test.

Most courts are reluctant to discharge student loan debt. However, if you can qualify for the “undue hardship” exception, you may get your student loans discharged in bankruptcy. To qualify for undue hardship in Oregon, you have to be able to prove to the court that:

  • You have no money left over each month to pay your student loans
  • Your money problems aren’t going to get any better in the future
  • Over the years, you made a good faith effort to repay your student loans.

If you can answer these and other questions honestly, you may be able to qualify to have your student loans discharged.

Defenses to Student Loan Debt.

Another possible source of relief from student loan debt lies in unfair and illegal treatment. If you have defenses, such as a breach of contract, unfair business practices or fraud against your loan companies, you may not have to pay the debt at all.

Learn Your Options.

When it comes to student loan debt, there is no magic wand you can waive to get rid of them. But that does not mean you do not have hope or options. We are Oregon and Washington bankruptcy attorneys. We offer free consultations and we can help you. To set up an appointment, call us toll free at: 1-800-682.9568.

What to Expect in Pre-Bankruptcy Credit Counseling

The decision to file bankruptcy is not an easy one to make. Many people experience enormous distress, shame and embarrassment over their financial difficulties. Without question, declaring Chapter 7 or Chapter 13 bankruptcy is no minor decision. But it just may be the right one for you. Especially if you cannot see any way of paying off your debt in the next 5 years.

Mandatory Pre-Bankruptcy Credit Counseling.

Before you can file for bankruptcy, however, you must complete mandatory credit counseling and receive a certificate. Once you have completed the counseling and have your certificate, you must file it with the court along with your other bankruptcy forms. Credit counseling is mandatory. If you do not file a certificate of credit counseling with the court, the bankruptcy court will dismiss your case.

But why do you have to do mandatory credit counseling?

Its purpose is to ensure that bankruptcy is your only best option. In 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) in response to the fact that many people who were financially capable of repaying their debts were using bankruptcy to have those debts discharged. This new law completely overhauled the bankruptcy law and made a number of important changes to bankruptcy rules and procedures. One of these changes was the requirement that debtors complete credit counseling both before filing bankruptcy and prior to discharge.

The purpose of pre-bankruptcy credit counseling is to provide an impartial look at whether or not a debtor really needs to file for bankruptcy.

The Where, When, and What of Pre-Bankruptcy Credit Counseling.

Pre-bankruptcy credit counseling may be the most painless part of bankruptcy. It can be done in person, by phone, or online; and it usually doesn’t take more than a couple of hours.

The most important thing to remember is that you must complete the counseling before you file for bankruptcy. Upon completion, you will receive a certificate that is valid for 180 days. If you decide to file for bankruptcy, you will need to file that certificate with the court.

For your counseling session, you will want to bring with you (or have available) information about your debts and your income.

The counselor will discuss your financial situation with you and will talk to you about what non-bankruptcy options you may have. Counseling will most likely include:

  • A thorough review of your personal finances
  • A discussion of alternatives to bankruptcy
  • Personal budget plan.

The counseling will help you to understand how bankruptcy works and what you can do to avoid financial risk in the future.

We’ll Walk You Through it!

If you are concerned about whether or not you should file for bankruptcy, or have questions about what happens if you decide to file for bankruptcy, give us a call. We offer free consultations. We are experienced bankruptcy attorneys with offices in Tigard, Salem, Albany, Grants Pass, Klamath Falls, Bend, and several other cities in Oregon. We also have offices in Vancouver and Tri-Cities in Washington. You can call us toll free at: 1-800-682.9568.

3 Types of Slip and Fall Cases

When a person slips, falls, or otherwise injures themselves on someone else’s property, that person may have the grounds to file a personal injury lawsuit for damages. This type of case will be built on what is known as “premises liability.” Premises liability refers to the legal duty a property owner has towards anyone who comes onto his or her property.

There are two primary elements used to determine fault in a premises liability claim:

  • Whether the property owner acted in a reasonable manner to prevent or address a dangerous condition
  • Whether the injured party was careless

In other words, for the injured party to have a strong claim, the property owner must have known about the dangerous condition and been careless in remedying or addressing it. Premise liability cases can be divided into three general categories by the location of the injury.

  1. Business liability for injuries

If you have suffered an injury on the premises of a business property due to property owner or employee negligence, you may have grounds for a personal injury claim. Business property owners have a legal duty to do everything that’s reasonably within their ability to make their property safe. Property owners are responsible for putting in place adequate safeguards (again, within reason) to protect visitors from harm.

  1. Residential injuries that take place in a home or apartment

These types of claims will usually involve homeowners insurance. If you are injured at home, be sure to carefully go over your homeowner insurance policy to assess your coverage. Every year insurance companies reject numerous claims for injury claims that are not covered.

  1. Injuries that take place in other locations

These types of cases can be tricky as it can be hard to know how to proceed or who to make a personal injury claim against. Some premises that may fall under this category include:

  • Parking lots or garages
  • Sidewalks and walkways
  • Public or government property

 

How Can I Prove a Slip and Fall Accident?

Thousands of people are injured in slip and fall accidents every year. These include slipping on a slick surface, falling down stairs, tripping over an object, or stepping in a hole. Proving fault in a slip and fall accident is often difficult, but if you are injured you should know how to go about making a case.

There are four basic elements that must be proven to win a slip and fall claim. Simply because you had an accident on someone else’s property is not necessarily enough to mount a strong case. It must be shown that the property owner had a responsibility to maintain the premises and address any harmful conditions (within reason). In other words, could have the property owner have prevented the accident? While property owners will not necessarily be held liable for something a reasonable person would have avoided, they are expected to take reasonable steps to keep their property free of potentially harmful or unsafe conditions. Courts will often balance the property owner’s duty to keep the premises safe against the care that the accident victim should have used.

To prevail in a slip and fall claim, you will likely have to show one of the following:

  • The property owner should have known that the dangerous condition existed, i.e. because a reasonable person in the property owner/employer’s position would have known about such a condition and addressed it.
  • The property owner did in fact know that the dangerous condition existed, but made no attempts to address it.
  • The property owner caused the dangerous condition.

The first element (whether a reasonable person would have known about the condition) is the one most often litigated, and the most difficult to prove. Here are some questions to ask when trying to assess the reasonable person question:

  • Did the dangerous condition exist long enough that a reasonable property owner could have/would have taken action to address it?
  • Did the property owner have a policy or procedures in place to routinely check for potential hazards or safety issues?
  • Was there a reasonable justification for the existence of the dangerous condition?
  • Could the dangerous condition be mitigated through preventative measures?
  • Was poor lighting or visibility a factor in the accident?

Bankruptcy and Divorce

Divorce is one of the big three reasons people file for bankruptcy (medical and job loss are the other two).  The interplay between these two areas of law can be complicated.  To make the right decision in terms of if and when to file for bankruptcy in the context of divorce, you need to know how bankruptcy can affect divorce and vice versa.

Generally, it makes the most sense to file for bankruptcy before getting a divorce. Since bankruptcy fees are the same for both joint and individual filings, you and your spouse can save money on fees by declaring bankruptcy while still married. Furthermore, attorney fees will likely be lower if you file jointly (make sure your bankruptcy attorney is aware of the upcoming divorce to avoid any conflict of interest).

Regarding Chapter 7 vs. Chapter 13, it is usually a better idea to file for a Chapter 7 bankruptcy before a divorce. A Chapter 7 bankruptcy filing will usually take only a few months to receive the debt discharge. A Chapter 13, however, will run for three to five years. Since this process drags on, if you want to file for Chapter 13 it is usually better to do so after the divorce.

Filing for bankruptcy before also simplifies the property division process that will take place during the divorce. However, this is only the case if you live in a state that allows for enough exemptions to protect all of your joint property. Some states allow you to double the exemptions if you file for bankruptcy jointly. If you can’t double the exemptions, it might be a better idea to file individually after the divorce. Check with your bankruptcy attorney to clarify what your state will allow.

Also, when deciding when and if to file for bankruptcy before/after a divorce, keep in mind that certain debts are not dischargeable. Non-dischargeable debts include: alimony, child support, student loans, and attorney fees related to child custody or support cases.  If possible, consult with a bankruptcy attorney before starting the divorce proceedings to get the best course of action (if the petition for divorce has already been filed then each party will need to consult with their own bankruptcy attorney).

How Do I Get Credit After Filing for Bankruptcy?

One of the fears many people have over filing for bankruptcy is that they won’t be able to get credit afterwards. This is simply not the case. While declaring bankruptcy will hurt your credit score, there are strategies for rebuilding your credit immediately after filing.  Most chapter 7 clients begin receiving credit offers within 30 days of filing the case!

Right from the start you might be a more attractive prospect to a lender, since you have just dramatically reduced your debt-to-income ratio (at least in the case of Chapter 7; in a Chapter 13 this process will take longer, but it will happen). Those who have filed for a Chapter 13 bankruptcy will benefit from the discipline of being on a repayment plan. This will also help in the long-term process of rebuilding credit.

It is important after filing for bankruptcy that you closely monitor your credit reports and credit score. Make sure you get a copy of your credit report from the three main credit reporting agencies: Equifax, Experian, and TransUnion. Go over the reports and look for errors and omissions regarding your current residence, employment and contact information. Some experts recommending avoiding credit repair agencies. Not all of them are above board, and even the reputable ones may not be able to do much that you cannot do yourself.

Another way to immediately begin rebuilding your credit score following a bankruptcy is to open a secured credit card account. A secured card is a credit card that requires a cash collateral deposit which then becomes the credit line for that account. After a period of timely payments, the bank will sometimes reward you by increasing your credit line without you having to make an additional deposit. The best way to utilize a secured credit card is to make a few purchases every month and then pay them off in a timely manner. Don’t carry a balance around on the card. OlsenDaines provides all our clients with a free credit rebuilding program, an invaluable resource in helping you make a plan for rebuilding your credit.