Oregon Injury Lawyer Blog

August 12, 2014

Little Noticed Federal Order Reinforces Citizens’ Rights

A recent article in Slate highlighted an important but little noticed executive order signed by President Obama on the last day of July. According to the online magazine, the “Fair Play and Safe Workplaces” order, as it is formally known, “requires companies bidding for federal contracts worth more than $500,000 to make previous violations of labor law public, if they have any to report.” A less well-publicized, but potentially further-reaching, provision “says that companies with federal contracts worth more than $1 million can no longer force their employees out of court, and into arbitration, to settle accusations of workplace discrimination.”

As the article goes on to note, arbitration clauses buried deep in the fine print have been spreading widely since a Supreme Court ruling (focused on cellphone contracts) upheld them in 2011. The result has been a loss of court access for many Americans. This trend reached both absurd and frightening proportions earlier this summer when food giant General Mills tried to contend that by ‘liking’ any one of its many products on Facebook or other social media sites, or simply by purchasing an item, customers would surrender the right to sue the company ever, over anything.

General Mills later retreated in the face of a storm of public criticism, but the incident highlighted a trend in corporate America that is little-noticed but deeply disturbing: efforts to use ‘terms of service’ to force ordinary Americans to surrender our constitutional right to a trial by jury, as guaranteed by the 7^th Amendment. Slate, citing figures compiled by the watchdog group Public Citizen, notes that since that 2011 Supreme Court decision “at least 139 class action suits have died” including cases “brought by consumers who said they’d been stung by predatory lenders, or misleading mortgages, or false promises by vocational schools. And also on the line are complaints by employees of discrimination on the job.”

August 7, 2014

Federal Charges Follow 2010 Industrial Accident

by Matthew D. Kaplan

A significant case involving alleged negligence leading to an industrial accident became more serious last week when obstruction of justice charges were added to it, according to the Associated Press. The news agency reports that a San Francisco-based “federal grand jury charged Pacific Gas & Electric… with lying to federal investigators in connection with a fatal pipeline explosion that killed eight people and leveled a suburban Northern California neighborhood in 2010.”

The AP reports that the new charge sheet lists a total of 28 counts against the utility giant, replacing an earlier indictment containing only 12 charges. It accuses PG&E of “lying to National Transportation Safety Board investigators after the blast.” In particular, it alleges that the company sought to mislead government officials about “pipeline testing and maintenance procedures.” A spokesman for PG&E told AP that he had not yet seen the charges, but that the company was expecting them. The company disputes the allegations.

If these charges are proven they reflect about as clear a case of bad corporate citizenship as one could imagine. Lying to federal investigators not before but after the company’s negligence has led to the deaths of eight people gives new meaning to the idea of putting profits before people. Righting wrongs like this is why we have an independent court system.

July 31, 2014

Bike Riding: Study Highlights the Big Picture Savings

by Matthew D. Kaplan

An article published earlier this month by Al Jazeera America looks at a new academic study focusing on the costs and benefits of bike lanes and other publicly-funded spending on cycling infrastructure. Living in Portland, a city often cited as one of the most bike-friendly in North America, its findings are not likely to be particularly controversial. Still, they are a useful reminder of how bike riding benefits the community at large and not just cyclists themselves.

The study (see link below) was published in Environmental Health Perspectives, an academic journal sponsored by the National Institutes of Health. It comes with the ponderous title “The Societal Costs and Benefits of commuter bicycling: Simulating the Effects of Specific Policies Using System Dynamics Modeling” but reaches, Al Jazeera reports, a fairly straightforward conclusion: “for every dollar spent on bike-related infrastructure, cities can receive anywhere from $6 to $24 in cost savings in the form of reductions to pollution and traffic congestion, as well as lowered health care costs from decreased traffic fatalities and increased exercise.”

Some of those conclusions may seem obvious to an audience here in bike-friendly Oregon, but they are a reminder that it is important to get the details of infrastructure right. More importantly, in focusing on the big picture – by, for example, citing long-term benefits such as lower health-care costs the study is especially useful.

July 28, 2014

National Tour Targets Distracted Driving

by Matthew D. Kaplan

In an effort to raise awareness regarding distracted driving Allstate, the insurance giant, is touring the country with a driving simulator designed to highlight the dangers of texting while behind the wheel.

According to a recent news release issued by the company (see below) the program, known as “Reality Rides,” was launched last summer and is expanding this year. It involves “a driving simulator that utilizes a real – but stationary – vehicle equipped with virtual reality technology, including a new curved LED television embedded in the car windshield. The television displays an animated environment and reacts to the driver’s motions.” Participants are invited to ‘drive’ the car while texting and/or talking on the phone as a way to experience just how significant the danger of distracted driving can be. Allstate plans to take the simulator to 40 cities over the course of the summer following what the company describes as a successful rollout of the program last year. This represents a significant expansion from the 26 “Reality Rides” events the company organized in 2013.

“Last year, the first tour surveyed more than 1,700 people… Seventy-three percent (of whom) said they learned more about distracted driving after experiencing the simulation,” the company says. The same survey – conducted at the simulator sites last year – found that “more than one-third of drivers say they text and drive at least some of the time.” The company is also using the simulator to promote Graduated Drivers License laws, under which teen drivers face more restrictions on their driving than adults. “Stronger teen driving laws… have been shown to reduce traffic fatalities by as much as 40 percent in the states where they have been adopted,” the company says.

July 24, 2014

Hot Car Deaths Are Completely Avoidable

by Matthew D. Kaplan

As anyone who has watched the news over the last few weeks knows hot car deaths have once again been commanding attention this summer. Consider this one of those things regarding Oregon injuries to children that should not need to be said but, unfortunately, needs to be reinforced as we approach the hottest time of the year. As SafeKids Oregon reminds us all: “Hot weather and vehicles can be a deadly combination.”

The group’s latest news release continues: “There have been no overheating deaths in Oregon since 2004. Regrettably, 17 children have died from being left or trapped inside hot vehicles nationally in 2014 alone. In addition, there have been many ‘near misses.’” That national number is especially shocking when one considers that there is at least another six weeks of hot weather remaining pretty much everywhere in the country.

As they so often do, SafeKids offers easy and common sense advice on the best ways to avoid trouble. However, in addition to tips that are common knowledge – such as the fact that on a hot day the temperature inside a sealed car can rise by 20 degrees in just 10 minutes – they also offer some warnings that may come as news to many readers. Specifically, many people might not be aware that “cracking a window does little to keep the car cool.” This is an important point because it contradicts what many people think they know about hot cars and summer weather. Similarly, many readers might not be aware that the temperature outside need not be especially ‘hot’ for hot car deaths to occur. “With temperatures in the 60s, your car can heat up to well above 110 degrees.”

July 17, 2014

Oregon Wrongful Death Ruling Widens Dram Shop Interpretation

by Matthew D. Kaplan

A ruling last week by the Oregon Court of Appeals broadens the traditional interpretation of our state’s dram shop laws and merits closer examination. According to an account published in The Oregonian the decision in a wrongful death lawsuit established that “party hosts whose invitees bring their own alcohol can still be held liable if drunken guests hurt themselves or others.”

The case is formally known as Baker v Croslin. As detailed by the newspaper, the facts of this important case are as follows: a man died in a 2010 shooting incident “after a night of extensive drinking and gunplay at a house party in Northeast Portland.” The party host “was convicted of criminally negligent homicide” but the victim’s widow also filed an Oregon wrongful death lawsuit.

“Under Oregon law, a party host can be held liable for damages caused by intoxicated guests if the host provided the alcohol to a visibly intoxicated guest, and if the host ‘substantially contributed to the intoxication of the guest,’” the newspaper notes. This is a succinct description of Oregon dram shop law – something about which I have written on this blog on numerous occasions. The Dram Shop Law is designed to encourage responsibility on the part of people serving or selling alcohol. We often talk about it in the context of drunk driving, though the details of this case are a powerful reminder that the consequences of reckless alcohol use extend far beyond cars and roads.

July 9, 2014

Thousands of School Buses Recalled for Safety Issue

by Matthew D. Kaplan

Just as the July 4 holiday weekend got underway news broke of a sweeping recall of school buses. According to an Associated Press report, republished by ABC News, “Blue Bird is recalling more than 2,500 All American school buses and some transit buses to fix a problem that could make steering more difficult. The company also is recalling a smaller number of school buses that may be prone to a propane fuel leak, according to paperwork filed with the National Highway Traffic Safety Administration.”

It will be worth keeping an eye on the NHTSA vehicle recall website over the next week or two for further details as this story develops. At this writing the NHTSA had not posted information about the Blue Bird recall, presumably because the company’s paperwork has not yet been completely processed. In the meantime, however, it is safe to say that it is difficult to imagine a clearer risk of injuries to children than a school bus with a steering or a fuel leak issue.

The AP story did not say how many school buses are affected by the steering-related recall notice, only that it involves “some buses made between 2011 and last May.” The story put the number of transit buses affected at 400, but did not say in which cities they are currently on the road. The fuel leak issue involves “388 Vision school buses made in 2012 or 2013,” the news agency reports.

July 3, 2014

Oregon Medical Mediation Law Aims to Cut Number of Lawsuits

by Matthew D. Kaplan

When July began on Tuesday an important new Oregon law also went into effect. As reported by The Oregonian a new “mediation program… (gives) patients and their families an option besides suing when medical errors happen.”

The measure was a priority for Gov. John Kitzhaber and, as the newspaper notes, became law following input from both trial lawyers and the Oregon Medical Association. The new law “is intended to cut down on lawsuits and boost the reporting of medical errors to help improve health care practices.”

Some practical details remain to be worked out, and it will take months if not several years before we can say with certainty how well the program is working in practice, but as a public health matter we should all hope that the Early Discussion and Resolution Program, as it is formally known, performs as expected. As I have written in this space as recently as last month, medical mistakes remain far too common in our state and reducing or eliminating them is made more difficult by a reporting system that remains, to a great extent, voluntary. As a result, doctors and patients alike are often working from inadequate data. A system that improved both the volume and the quality of data on medical mistakes would be a huge boon to everyone.

June 30, 2014

Study highlights Alarming Rate of Oregon Alcohol Deaths

by Matthew D. Kaplan

Citing new figures published by the Centers for Disease Control, Oregon Public Broadcasting reports that “excessive drinking accounts for one in every nine deaths in Oregon.” That figure, it adds, puts our state on the wrong side of the national average, which is one death in 10.

Between drunk driving and other well-known alcohol-related risks the figure is, perhaps, less surprising than it might seem. It is worth noting that the study focused on the broad health risks associated with alcohol. While drunk driving was included it was not the sole focus of the research. According to OPB “The study looked at binge drinking, defined as four or more drinks for women and five or more for men, as well as heavy drinking, which is eight drinks a week for a woman and 15 for a man.”

The focus on binge drinking also highlights the importance of strict enforcement of Oregon dram shop laws. These extend responsibility for injuries and damage caused by a drunk person to bars, taverns and any business that sells alcohol. The dram shop rules are a reminder that cutting off someone who is drinking too much is everyone’s responsibility, not just that of the drinker himself or his companions.

June 28, 2014

Former Pro Athletes Warn of TBI Risks to Teens

by Matthew D. Kaplan

A former NFL player and a former pro wrestler traveled to Capitol Hill this week to warn fellow athletes about the dangers of traumatic brain injuries – but unlike many recent TBI-focused events in Washington in recent months the emphasis of this news conference was teens, not fellow retired pros.

According to a report published by CBS News both “Chris Nowinski, a Harvard graduate and former professional wrestler… and Ben Utecht, a former NFL player for the Cincinnati Bengals and Indianapolis Colts, still suffer years later as a result of these all-too-common injuries.” Testifying before the Senate Special Committee on Ageing, both men focused not on the dangers to professionals like themselves, but on the damage and long-term consequences too many young people risk.

Nowinski told the senators that he suffered a head injury during a wrestling match at age 24, but ignored the symptoms for five weeks. “I lied about my symptoms for five weeks, thinking I was doing the right thing… My ignorance cost me my career, cost me at least five years of my health… and I don’t know what it’s going to cost me in the future,” he said. His biggest fear is CTE – a “progressive neurodegenerative disease (that) can emerge from repeated blows to the head.” He also spoke about the growing body of evidence hinting at a link between traumatic brain injuries sustained in youth and the onset of Alzheimer’s and similar diseases later in life.