Straight Talking on The Law

Time Limits Extended For Injured Consumers. State Increases Limit for Tort Claims Against Government

      By:    Robert Harris

CONSUMER PROTECTION EXTENDED:

This past week the Oregon Senate passed law that would extend the time consumers would have to sue for injuries caused by defective products from eight to ten years from the date of manufacture. (SB 284) The bill must first pass the House before it goes to the Governors desk for his signature.

The Oregon Trial Lawyers Association had unsuccessfully asked the Democrat led Senate for an extension to 25 years.

The legislation was in response to a lawsuit by some teachers whose eyes were damaged in 2004 by ultraviolet radiation leaking from a broken protective cover on a metal halide light bulb in a school gymnasium.

TORT CAP LIMITS RAISED:

Many people may not even know this, but the State can, and always has, capped the damages that it can be sued for.  That cap was, by statue, $200,000.  However, in  2007 the Oregon Supreme Court, in a case of a 3 month old child who suffered irreversible brain damage at OHSU, ruled held that the statutory cap was constitutionally inadequate.  (In that case a jury had returned a verdict for $17 Million in actual damages)

In response to the Supreme Courts ruling, the legislature increased the liability cap $100,000 a year to a maximum of $1.5 million by 2015 for individual claims against state government. The plan would increase the cap to $3 million for all claims from a single incident. The bill also would eliminate the distinction between economic and non-economic damages.

Lower caps would be allowed for cities, counties, school boards and special districts. The reform was supported by Democratic Gov. Ted Kulongoski and the Oregon Trial Lawyers Association.

Taxes and Divorce

   By: Robert Harris

If you're going through a dissolution of marriage, you need to be aware of how tax law may effect you. A little planning can save you a lot of money. The most common tax issues relate to; The sale of the family home; Property settlements, Stock options; Spousal support (alimony); and Dependency exemptions.

Dangerous Bacteria in Pedicure Footbaths at Nail Salons Can Cause Serious Infection and Permanent Injuries – Know Your Legal Rights

By: Paul J. Vames, Attorney at Law, Harris Law Firm, Hillsboro, Oregon

Many consider an occasional pedicure an earned reward. The warm water, the massage, and having one’s feet look their best all combine to make pedicures a popular cosmetology service.

What most people don’t know is that if proper sanitary guidelines are not observed in a nail salon, serious infection and injury can result. Mycobacterium fortuitum is highly infectious and can breed in pedicure footbaths which are not disinfected. If a victim is exposed to mycobacterium fortuitum during a pedicure and becomes infected, serious skin evulsions will develop and spread. These are painful and may include boils, scabs, scars, and pus-filled blisters. High and prolonged doses of antibiotics are often necessary to bring the infection under control. During the period of active infection, the victim can be sickened by high doses of antibiotics. Once the infection subsides, the skin is left permanently scarred and discolored.

How can nail salon patrons protect themselves? In Oregon, the Health Licensing Office of the State Board of Cosmetology cites and sanctions nail salons which are found to be in violation of State regulations. If a salon is cited and found to be in violation, the violation becomes a public record. Patrons can obtain records for a salon from the Board of Cosmetology to determine if that particular nail salon has violated State regulations before patronizing the salon.  If you do suffer an infection, As Attorneys who file claims for personal injury, including the infectious injuries described here, we can quickly get this information and evaluate the salon's liability.

Oregon Foreclosure Help for Financially Challenged Homeowners

By Utilizing the U.S. Dept. Of Treasury’s new ‘Making Home Affordable Plan, Homeowners May Be Able to Prevent or Stop Foreclosure on a Home Mortgage Through Loan Modification or Oregon Refinance.

 By: Grant Yoakum

       Harris Law Firm, PC

       Hillsboro, Oregon

For months, the mainstream media has presented troubling information with respect to national housing prices. Understandably, many have remained skeptical. Evaluating the scope and depth of the present housing crisis is difficult – especially with the wide and diverse geography of our nation. Finally, accurate data is emerging and so the first steps to assessing and repairing the damage can begin. 

On March 19, 2009, witnesses testifying before the U.S. House of Representatives, Financial Services Committee, stated that approximately 8.3 million families were ‘at risk’ of mortgage foreclosure. Those estimates appear reliable.  Translated into rough percentages, perhaps 12% of U.S. homes bearing mortgage loans are touched in this way.  It is now hard to imagine that any person remains untouched by the economic recession that first poked an ugly snout into the news in December 2007.

Loan Modifications and Home Mortgage Refinancing

 By: Robert Harris

With home values decreasing and adjustable rates going up for millions of people, people are looking at loan modifications or refinancing. In many cases the loan modification process is more cost effective. No appraisal fees, no loan origination fees, no closing fees.

Because of the advantages loan modification has, the previously small loan modification industry has boomed. These loan modification companies  target the more than 5 million homeowners behind on their payments. Some of them are legit, but many aren't.

Whether you're behind on your payments, or will be soon because of a decrease in income or an increase in payments, you do have options.

You can try to get the loan modified yourself. There are government programs available to lead you through the process.  If you're unsure about whether you can navigate the process then an attorney or law firm that deals with real estate and debt reorganization can help as well.

When people ask me if they need an attorney for a loan modification. I tell them no. You don't. And I don't need a plumber to unstop a sink. But if my plumbing issue is not so simple, and I could damage my home if I make a mistake, I hire a plumber because I know they will fix it right, the first time.

Beware of Debt Consolidation Services

    By: Robert Harris

I just noticed that the 7th most searched for term on Google is 'Debt Consolidation". With the amount of debt load people are carrying, the rising unemployment rates, increases in the interest rates to home owners and credit card holders, its little wonder people are looking for ways to re-budget with lower monthly payments.

However, be aware that some of these debt consolidation services are ineffective, some give bad advice that benefits only them, and some are out and out scams.

If you're not able to pay your bills on time, before you sign on with a debt consolidation service, make an appointment with an attorney who deals in debt and bankruptcy. Most offer free consultations, so take advantage of that offer.

Just because you talk to a bankruptcy attorney doesn't mean you'll file for bankruptcy. But you should know your alternatives before you agree to make additional payments on debts you can ill afford.

Separation Agreements in Oregon

By: Robert Harris

A separation agreement, also called a marital separation agreement, is a binding contract between a husband and wife that settles all issues which arise when a couple legally separates or decides to live apart. These issues usually include property and debt division, insurance coverage, child custody, child support, and alimony, but can cover any number of life details that are important to one or both spouses.

Facts about separation agreements

A separation agreement puts in writing the decisions a couple agrees to in their separation or divorce negotiations.

Hurt in a Car Accident? Take Advantage of Your Insurance Benefits

By Paul Vames

Every day, under all sorts of circumstances, people are injured in motor vehicle collisions. Sometimes they are minor, sometimes major. The collisions are seldom caused intentionally; they are most often accidents caused by a driver’s negligence.

 

What follows a collision with an injury is often a confusing series of events that the average citizen is neither trained, nor particularly eager, to endure. In most instances, one or more insurance companies, often with multiple claims adjusters, get involved. And, understandably, these insurance professionals are carefully trained to ensure that their company pays out as little as possible.

 

If you’re fortunate, you’ll come out of the collision, and the insurance process, reasonably unscathed. But often people make simple mistakes in the process which greatly reduce their likelihood of obtaining a fair recovery for the injuries and damages they have suffered.

 

Here are some very basic tips for improving the likelihood that you’ll be treated fairly by the insurance company (whose job it is to minimize the amount of money it has to pay you). This is certainly not an exhaustive list. A competent personal injury attorney should always be consulted when the insurance process becomes confusing. But these basic concepts should always be kept in mind to make the personal injury claim process less difficult.

Bankruptcy and Divorce

   By: Robert J. Harris

I am sorry to say there is a link between bankruptcy and divorce. In fact, financial difficulties are one of the leading causes of marital dissolution. There are two situations we see most often.

First, where the marriage is in difficulty  because of financial problems; And second, where the parties know that the dissolution will result in overwhelming financial hardship, and a bankruptcy is an integral part of the dissolution process.

Whatever the case, here is what you need to know:

Enforcement of Parenting Time

By Wallace Terry

Enforcement of parenting time through a contempt action can be time consuming and expensive. Luckily, a state statute, ORS 107.434, provides for an expedited alternative remedy which will get you before a judge within 45 days. Not only is the hearing set sooner, the burden of proof is less than in a contempt case, making the violation easier to prove.

And, at that hearing the Court has the authority to make other changes such as:

• Modify the provisions relating to the parenting plan by (1) Specifying a detailed parenting time schedule; (2)Imposing additional terms and conditions on the existing parenting time schedule; or (3) Ordering additional parenting time, in the best interests of the child, to compensate for wrongful deprivation of parenting time;
• Order the party violating the parenting plan provisions to post bond or security;
• Order either or both parties to attend counseling or educational sessions that focus on the impact of violation of the parenting plan on children;
• Award the prevailing party expenses, including, but not limited to, attorney fees, filing fees and court costs, incurred in enforcing the party’s parenting plan;
• Terminate, suspend or modify spousal support or child support, or
• Schedule a hearing for modification of custody as provided in ORS 107.135 (11).

Whether you are seeking enforcement of a parenting plan, or you're alleged to have violated a parenting plan, talk to an experienced family law attorney. And because of the time sensitive nature of these types of matters, you shouldn't put off getting legal advice.

If you have any questions about enforcement of parentime time, or any other family law matters, please feel free to email me and let me know if I can help you.