Shaw Law

Tort Claim Notices and Forms

cameron — Thu, 02 Feb 2012 17:59:12 +0000

Under both Oregon and Washington law, if you have a claim for injuries against a state or local governmental body or one of its employees, you must notify the governmental body prior to filing a lawsuit. A governmental body includes but is not limited to a state agency, a public school, a city, a county, the police, public clinics and hospitals, and public transportation carriers (e.g., TriMet, C-Tran, or Metro Transit). The idea behind this requirement is that the governmental body have adequate notice of your potential claims for damages. Most importantly, the failure to properly provide a tort claim notice or form to a governmental body is likely fatal to any claim for injury against it.

Oregon Tort Claim Notices – You must notify the public body of your intent to bring a lawsuit within 180 days of your injury. For wrongful death claims, notice must be given to the public body within one year of the injury. ORS 30.275.

Washington Tort Claim Form – Washington notice procedures are more complicated than those of Oregon. Generally, you must complete a standard tort claim form prior to bringing a lawsuit against the state or any local government agency. For claims against the state, the claim form must be submitted to the Washington Office of Risk Management prior to the expiration of the statute of limitations for the claim. For claims against a local government agency, the claim form must be submitted to the local government agency’s designated agent before the statute of limitations for each claim expires. RCW 4.96.020; RCW 4.92.100.

Federal and Tribal Tort Claim Notice Issues – If you were injured by a federal or tribal governmental body or one of its employees, different tort claim notice procedures may apply.

There are limited exceptions to the notice requirements discussed above. If you have been injured by a governmental body or one of its employees in Oregon or Washington, it is recommended that you contact a Shaw Law Group attorney for further information on the above-mentioned procedures.

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The information contained on this site is provided for informational purposes only and may not be updated to reflect current legal developments. By using this site, you understand that this information is not provided in the course of an attorney-client relationship and does not constitute legal advice. No user of this site should act or refrain from acting on the basis of any content included in the site without seeking appropriate legal or other professional advice.

The Snow is Here!

alison — Fri, 20 Jan 2012 21:15:43 +0000

Finally, the snow has arrived! It’s time to dust off our skis/boards and hit the mountain. Most of us are so excited that we fail to read the fine print on the back of the ski/snowboard pass. Here is some information you may have missed:

Did you know that you have at least 12 duties as a skier/snowboarder under Oregon law? See ORS 30.985, available at http://www.leg.state.or.us/ors/030.html
Do you know that Oregon law attempts to limit the liability of ski area operators and requires you to take certain steps to bring a claim for injuries against ski area operators? A skier/snowboarder who suffers an injury caused by the inherent risks of the sport cannot recover damages absent ski area operator negligence. In addition, in order to preserve any claim for injury against a ski area operator, you must notify the ski area operator of your injury within 180 days.

Before heading out, you may want to check out the following links:

Enjoy the snow and stay safe!

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Youth Soccer Team Sponsored by Shaw Law Group Makes it to Semi-Finals!

alison — Wed, 16 Nov 2011 19:58:10 +0000

Congratulations to the Shaw Law Group-sponsored youth soccer team for their semifinal finish in the end-of-year tournament. Way to go, boys!

Shaw Law Group client completed an asset purchase and execution of a new lease for the Sellwood Public House – please visit them at 8132 SE 13th Avenue, Portland, OR 97202 (503)736-0179

admin — Fri, 30 Sep 2011 20:06:45 +0000