Beating victims sues Oregon bar under dram shop liability law

October 22, 2014 by The Farber Law Group

A man who was severely beaten by an intoxicated patron of a Portland bar has filed a civil lawsuit against the bar asking for nearly three quarters of a million dollars in damages. (Read "Beating victim sues N. Portland bar, claiming it failed to protect him from drunken customer"

The plaintiff, Nathan Anderson, claims that the Wishing Well Restaurant and Lounge in Portland over-served an already intoxicated Michael Sloan, and in doing so, fostered an "unsafe atmosphere." The suit says the Wishing Well also failed to kick Sloan out of the bar when he became argumentative and failed to intervene when he began beating Anderson. The bar had an unsafe environment with only one employee both serving drinks and providing security.

While the specific law cited in this case is Oregon statute 471.565 which holds that a restaurant or bar can be held liable for providing or serving alcohol to obviously intoxicated persons.

This law falls under the general category of "dram shop liability." In Washington state RCW 66.44.200 provides that it is illegal to sell or give away alcoholic beverages to a person under the age of 21 years or a person who is visibly intoxicated.

The goal of dram laws is to keep inebriated and young people from consuming too much alcohol and suffering a serious injury or killing someone else due to over-intoxication. In many cases, dram shop laws are cited when a person is over-severed and then gets behind the wheel of a car and is involved in a drunk driving auto accident in which they kill or seriously injure another person.

The RCW law in Washington requires that establishments with a liquor license must post a notice which informs patrons that they are prohibited from serving alcohol to patrons who are intoxicated. Over-serving can create a case where the establishment and/or bartender are legally financially liable.

Restaurants and bars are required to train their employees to recognize the signs of inebriation including:

  • slurred or slowed speech
  • loss of motor skills
  • bloodshot eyes
  • belligerent, loud or obnoxious behavior
  • excessive emotional behavior including aggressiveness
  • falling down.

Injured Persons Have Legal Rights Under Dram Laws

People who are injured in DUI car accidents or people, such as in this case, who are attacked by a drunk, can file a civil suit asking that the establishment that over-served alcohol be held legally responsible for damages for injuries and fatalities caused by the over-served person.

Most people who seek damages under dram shop laws seek the assistance of an experienced personal injury attorney because of the amount of investigation and evidence that is required to prevail in the case.

The Farber Law Group
has more than 30 years experience representing the victims of drunk drivers and their families and some of these cases have involved dram shop liability. Contact us using our online form or call us toll free at 1-800-244-9087. We will provide you with a free and confidential case evaluation.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.

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Airbag recall expands to include more areas, more cars

October 20, 2014 by The Farber Law Group

airbag injury lawyer seattleThe National Highway Traffic Safety Administration (NHTSA) along with Toyota, Honda, Mazda, BMW, Nissan and General Motors vehicles have notified owners of millions of vehicles to replace airbags manufactured by Takata due to a manufacturing defect in the airbag. Toyota just expanded the recall with letters being sent to 247,000 auto owners.

The scope of the recall appears to be huge with 10 million or more vehicles affected worldwide.

The problem with the airbags, manufactured by Takata, a Japanese parts supplier, is that they have the potential to explode and shoot out shrapnel which may seriously injure or even kill occupants of the vehicle. The faulty airbags pose a serious safety issue.

An investigative report in the New York Times revealed that Honda and Takata knew about the defect for years but called the problem an "anomaly."

What Cars are Affected

The recall affects potentially 14 million cars. Owners can use the website to determine if their vehicle is one of those installed with a defective airbag.

Right now, the recalls have been in certain areas that have humid conditions and the recalls appear to be expanding to other areas.

The airbag problem has the potential to affect more than five times the number of vehicles the General Motors faulty ignition switch recall. Expect to see more information about it in the press as the recall expands and gains more visibility.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured due to defective products. We have more than 30 years experience dealing with product liability claims.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.

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Halloween Safety Tips

October 19, 2014 by The Farber Law Group

halloween accident attorney slip and fallHalloween is but a couple of weeks away and you may have already decorated your house and started helping your child shop for a Halloween costume.

Choosing a Halloween costume with safety in mind and decorating your house for the safety of little ghosts and goblins is the key to having a safe and fun Halloween.


Choose a costume that does not have trailing fabric which can cause a child to trip. Also, check to make sure the fabric is fire-retardant and won't catch on fire if it comes into contact with a flame. Make sure that the child has visibility when wearing a mask. And, last but not least, have your child carry a flashlight or light stick while trick or treating. Retro-reflective tape can also be used to make sure child are visible.


Be careful when placing your jack-o'-lantern if you use a real candle. Put the jack-o'-lantern in an area where little trick-or-treaters do not trip over it or come in contact with it. Consider using a flameless candle run by a battery which are a safe way to illuminate your jack-o'-lantern. While it is fun to decorate your house with a scary theme for Halloween, make sure that paths are illuminated so children don't trip over sprinklers, cracks in the walks or other hazards.


Make sure children are accompanied with one or more adults when trick-or-treating. Children, even those who know better, can become overly excited on Halloween and dart into traffic. We recommend supervising children until the age of 12.

Choose trick-or-treating routes that are well lit and have sidewalk. For older children, discuss the route before the children go out.

Motorists Be Ware on Halloween

Motorists are urged to be especially vigilant on Halloween and should watch for trick-or-treaters who might dart out into traffic. Be extra careful when entering and exiting driveways. Watch for children who may not be looking out for motorists even at marked crosswalks.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in pedestrian accidents and slip and fall accidents. Contact us if you or a loved one has suffered a serious injury due to the negligence of another.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.

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"Airbag" motorcycle vests may prevent spinal cord injury in motorcycle accidents

October 19, 2014 by The Farber Law Group

seattle motorcycle accident lawyerWe just read about a new product, Spidi Neck DPS, which is a vest which basically inflates like an airbag when in the rider is involved in a motorcycle accident. The vest inflates like a car airbag and protects the rider from serious spinal cord injury which could result in paralysis or death.

The Spidi vests are hooked to a motorcycle with a tether which will inflate the vest when the rider falls off.

The vests can be used multiple times when recharged with CO2 and they come in both black and fluorescent yellow.

This is a safety innovation that could prevent serious injury or death in the event of a motorcycle accident.

Another safety innovation that has benefited motorcylists over the last few years are anti-lock brakes. Anti-lock brakes have been showed to reduce fatal motorcycle accidents by 37% and are especially helpful for novice riders.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent motorcycle accident victims and their families.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.

Continue reading ""Airbag" motorcycle vests may prevent spinal cord injury in motorcycle accidents" »

Bellevue attorney represents slip and fall accident victims

October 14, 2014 by The Farber Law Group

wet_floor2a.jpgWe have seen time and time again cases where a person goes shopping, visits a local business or visits a friend in an apartment complex and suffers a life-changing injury due to a slip and fall accident. When a slip and fall accident is caused by the property owner or management companies negligence, they can be held legally responsible for damages suffered by the injured person.

Proving a that a property owner or manager's negligence caused the slip and fall accident is not always easy. However, a personal injury attorney can help with a claim when a property owner was negligent and the victim's injuries are so severe that they required a hospital stay, physical therapy or are left permanent injury or disability.

In proving negligence, the plaintiff must:

  • Prove that the property owners failed to maintain the property in a safe manner
  • Prove the property owners created unsafe conditions which resulted in the injury
  • Prove the property owners were aware of hazards or unsafe conditions on their property but did not remedy the situation or warn others.

It is important to provide information on whether the hazardous conditions which resulted in the injury were permanent or temporary and, if they were temporary, how long the conditions existed.

Types of Slip and Fall Cases

Slip and fall cases can result from a variety of causes including:

  • Wet or slippery floors -- When a floor is freshly mopped or when they are slippery due to waxing, polishing or spills, signs should be placed which warns pedestrians of floor conditions.
  • Clutter, machinery and tools -- Store aisles and walkways around buildings and on grounds should be clear of hoses, trash, equipment, machinery, trash and other clutter which can cause a person to fall.
  • Ditches, holes and trenches -- Should be fenced and sings warning of the hazard should be placed around the hazard.
  • Loose carpet, loose tiles and uneven floors.
  • Snow and ice.
  • Uneven concrete in parking lots and sidewalks.
  • Falling objects from retail displays.
  • Escalator malfunctions.
  • Falls caused by poor lighting.

2 killed in Whatcom county accident when driver swerves to avoid deer

October 7, 2014 by The Farber Law Group

deer.jpgThe months of October, November and December are especially hazardous to motorists because of deer migration. Every year, approximately 1.5 million vehicles hit a deer resulting in more than 150 deaths and thousands of injuries.

Today, two men in a Toyota pickup were killed when they were struck by an oncoming Ford pickup truck whose driver claimed he swerved to avoid a deer that ran in front of his vehicle. The head-on collision occurred on Highway 9 in Whatcom county around 5:45 am.

Killed in the accident was a 56-year-old Glacier man and his 50-year-old passenger. The passenger was not wearing a seatbelt according to The Bellingham Herald.

The hours just before sunrise and the hours of sunset and midnight are the hours where drivers are most at risk to collide with a deer.

Unfortunately, it seems that the driver of the Ford made the wrong decision when he chose to swerve to avoid the deer. Drivers are taught to brake firmly when they see a deer in their path but remain in their lane. Many serious accidents such as this one occur when motorists swerve. Often, drivers can lose control of their vehicle when they swerve and in many cases, such as this one, they strike another vehicle.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents caused by the negligence of another.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.

Related Posts:
Auto-Deer Collision Risk at Highest October-December
Motorists at risk of car accidents involving deer and elk in winter
Motorcyclist hurt in collision with deer on Highway 2 near Wenatchee

Foster Farms issues chicken breast strips recall affects Washington, Idaho and Oregon

September 26, 2014 by The Farber Law Group

foster_farms.pngFoster Farms, Farmerville, LA, has issued a limited voluntary recall of 39,747 pounds of Chicken Breast Grilled Strips produced on August 5 and distributed to Washington state due in possible Listeria monocytogenes contamination.

The recalled products have a "best by" date of 8-05-15 and a plant code of P-33901.

The presence of the pathogen was discovered during routine testing by Foster Farms. There have been no reports of illness associated with the recalled product.

The recall only affects the 3.25 pound packages sold at Costco stores in Alaska, California, Colorado, Louisiana, Idaho, Montana, Texas, Hawaii and Washington. All retailers have been notified.

Costco generally reaches out to customers via a letter or e-mail since they have this information available because customers use a member number.

For more information about the recall, see the Foster Farms website or Costco website.

Salmonella Symptoms

Salmonella is a bacteria which can cause salmonellosis, a food-borne illness, in humans.

Symptoms can include:

  • Diarrhea
  • Abdmonal cramps
  • Fever

In some cases, symptoms of food-borne illness can be quite sever and require hospitalization. The elderly, pregnant women, young children and people with compromised immune systems may be especially vulnerable to the effects of the illness. People with severe symptoms should consult their physician or local hospital.

Continue reading "Foster Farms issues chicken breast strips recall affects Washington, Idaho and Oregon" »

Bicyclists still blowing through red lights despite 2 fatal pedestrian accidents

September 24, 2014 by The Farber Law Group

Despite the fact that two pedestrians have been struck and killed by bicyclists in the past month in New York City, a study of three busy intersections found nearly 80% of bicyclists are still running red lights.

According to the New York Post, a bicyclist was seen riding through a red light at the same Central Park intersection where a Connecticut woman was struck and killed just a week ago. See Bicyclist behavior in the news after pedestrian struck and killed.

New York Police have been ticketing bicyclists at the rate of 608 this year but still, bad behavior still remains. Said one cyclist about red lights, “I treat them like they’re stop signs. Why would I just sit there at a red light?”

Bicyclists In Seattle

Bicycle commuting is on the rise in Seattle and Seattle has several initiatives to make streets safer and friendlier to bicyclists and pedestrians. Bicyclists need to be aware of the danger posed to them by street hazards and by automobiles and the hazard they post to pedestrians.

Frequent Causes of Bicycle Accidents

Bicyclists are required to obey the same laws as motorists in Washington state. Accidents tend to happen when either the bicyclist or the driver breaks a fuel. Common causes of bicycle accidents include:

  • Bicyclist riding against traffic, facing traffic rather than in the same direction as traffic.
  • Bicyclist failure to stop at a stop sign or red light.
  • Bicyclist jumping a red light.
  • Bicyclist darting between moving or stopped vehicles or bicyclist darting between pedestrians.
  • Bicyclist riding on sidewalks and striking passengers.
  • Bicyclists speeding in areas where people are walking.
  • Driver turning in front of a bicyclist.
  • Driver running a red light or stop sign.
  • Driver under the influence of alcohol or drugs.

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Adjust your driving to avoid car accidents on rainy days in Seattle

September 24, 2014 by The Farber Law Group

Yesterday was the first day of Fall and it seems like the weather changed on a dime. Our Indian summer has ended and the rain has returned. King 5 TV of Seattle reported on a number of car accidents and spinouts that occurred this morning as driver's got used to the new reality of driving in the rain. King 5 reminded motorists "Remember to keep your following distance in the rain." Local highways became clogged because of the number of accidents.

Rain was measured at Sea-Tac Airport at 1.13 inches in a 24 hour period ending Wednesday morning.


Because of the inclement weather, The Farber Law Group provides the following safe driving tips.

Safety Tips for Driving in the Rain

Good drivers adjust their driving for the driving conditions. If it's raining, practice defensive driving and slow down and leave more room for stopping. Because oil has accumulated on roadways over the summer, pavement can be especially slick on the first few days of inclement weather making it easy for drivers to lose control.

While skidding is a scary experience, hydroplaning can be terrifying. Hydroplaning can occur when water builds up between the wheels of your vehicle and the roadway service causing you to lose traction. When this happens, you can lose control of your car or truck. By driving defensively, one can avoid getting into a skid or hydroplane situation.

  • Make sure you keep your tires properly inflated and that you have adequate tire tread.
  • Keep both hands on the steering wheel.
  • Turn on your headlights.
  • Maintain a 5 car-length distance between you and the car ahead of you.
  • Drive at or below the speed limit.
  • Avoid driving through areas where the road is under water or flooded
  • Turn on your windshield defogger before your windows fog.
  • Steer and brake softly. If you have anti-lock brakes, avoid using your brakes or do not brake too hard.
  • If you are skidding, ease off the gas pedal and steer in the direction you want to go. If you have anti-lock brakes, brake firmly. If you do not have ABS, try to avoid braking or brake softly.
  • If are hydroplaning, do not make any sudden braking or turning actions. Ease off of the gas. If you have ABS, brake normally and if you do not have ABS, brake lightly.
  • Avoid driving through areas where the road is under water or flooded

Continue reading "Adjust your driving to avoid car accidents on rainy days in Seattle" »

Whiplash injury cited in car accident death

September 12, 2014 by The Farber Law Group

iStock_000006945203XSmall.jpgMany people think, often incorrectly, that whiplash is a made-up injury or one that is not serious. We just read an article in the Telegraph India about the death of a political figure who was killed, in what was described as a "minor traffic accident." Union minister Gopinath Munde cause of death was consistent with a "whiplash" injury, an injury to the cervical spinal bone in the neck.

While "whiplash" is not a medical term, it describes a hyperextension, hyperflexion or rotation of the neck injury when the neck suffers a sudden jerking or shipping of the head.

Whenever a vehicle is struck from behind, the person inside the vehicle can experience a whiplash injury when the head rapidly jerks forward and then backwards. In some cases, the cervical bone can be fractured which injures the spinal cord which controls a person's ability to breathe. Even if the bone is not fractured, any spinal injury may result in death.

Gopinath Munde may have suffered a serious spinal cord injury when his sedan was rear-ended by a hatchback. Munde was brought to the hospital only 15 minutes after the fender bender accident but he was not breathing and could not be revived.

Whiplash injures can be classified by severity using the following scale:

  • Grade 0: no physical symptoms
  • Grade 1: Sore neck and muscles but no physical signs of injury
  • Grade 2: Sore neck and muscles, other physical symptoms along with musculoskeletal signs
  • Grade 3: Sore neck and muscles and neurological signs of impairment
  • Grade 4: Sore neck and muscles and fracture or dislocation of cervical spine. Most fatal cervical spine injuries occur at the C1 or C2.

More information about Whiplash

  • People, especially younger adults, can also sustain a whiplash injury while playing sports.
  • Whiplash injuries can occur when head rests are not fitted properly.
  • Women suffer whiplash injuries at a higher rate than men as their neck muscles are less developed than men.
  • People with existing neck injuries or congenital malformations may experience more serious injuries.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. Our law firm represents car accident victims and their family and we work hard to obtain compensation for damages.

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E-coli illness kills 1, sickened another child linked to turkey sandwich

September 10, 2014 by The Farber Law Group

cold-sandwich-704143-m.jpgA 4-year-old Oregon girl has died because of complications from E-coli and a friend with whom she shared a turkey sandwich with over the Labor Day weekend is in a Tacoma hospital being treated for kidney failure linked to E-coli.

Serena Faith Profitt, 4, of Otis, died on Monday from what is believed to be Hemolytic uremic syndrome (HUS) which most likely developed from Escherichia coli (E-coli) bacteria. Oregon Health Department officials are determining the likely strain of E-Coli but E-coli O157:H7 is often the bacteria which causes kidney failure.

Serena's friend, a 5-year-old boy, is still in critical condition but appears to be improving from the same illness. The parents said that the two had shared a turkey sandwich at a dinner at an Oregon restaurant and the sandwich might be the culprit.

Symptoms of E-coli infection can include severe diarrhea and vomiting. In it's most severe form, it can include bloody diarrhea, vomiting, severe abdominal pain, extreme fatigue, pale skin, persistent fever, bruises and or bleeding from the nose or mouth, decreased urination and swelling.

The most common cause of HUS is E-coli infection. The source of the infection is usually found in contaminated meat or produce or swimming pools or lakes contaminated with human feces.

Small children under the age of 5 , pregnant women and older adults are most apt to become acutely ill from E-coli.

Treatment for HUS can consist of easing symptoms. Some children require an IV. Others undergo kidney dialysis. Some children are treated with medications such as ACE inhibitors.

E-coli infection

Preventing E-coli infection requires food prepares to wash and cook foods adequately and to wash hands and cooking utensils. Children should also avoid swimming in unclean swimming areas.

One of the deadliest E-coli outbreaks occurred in Germany in 2011. 53 people died of E-coli from contaminated sprouts. In 1993, four people died after an outbreak of E-coli linked to undercooked hamburgers from Jack in the Box. In 1996, one person died after contracting E-coli from unpasteurized apple juice manufactured by Odwalla.

For more information, read "Escherichia coli O157:H7 and HUS kidney failure."

Continue reading "E-coli illness kills 1, sickened another child linked to turkey sandwich" »

Pedestrian injured when struck by texting teen driver

September 8, 2014 by The Farber Law Group

An unidentified 63-year old woman was struck and injured in Arlington while she was walking by a teen driver whom the Sheriff's Office believe was texting while driving.

The pedestrian accident occurred in the 17100 block of McRae Road Northwest around 8:45am in Arlington on Saturday morning.

The accident victim was taken to Providence Medical Center. We hope that her injuries are not too serious.

Washington state law unequivocally prohibits teen age drivers from using cell phones or wireless devices while driving. Using a cell phone while driving may be one of the most dangerous things a person can do while on the road. Read Washington's cell phone laws:

Vehicle Code RCW 46.61.667 - Using a Wireless Communications Device While Driving
Vehicle Code RCW 46.61.668 - Sending, Reading, or Writing a Text Message While Driving

Texting while driving is an extremely dangerous practice and has resulted in 1.3 million crashes in 2011 alone.

Every time a driver attends to their cell phone, they are taking at least 5 seconds away from paying attention to the road. Even though teens know better, staying connected even while driving is a huge temptation. In fact 13% of drivers between the ages of 18 and 20 admit to texting or talking on their cell phone at the time of the accident.

There have been many texting accidents that have made their way to the courts. In Chatsworth, Metrolink offered a $200M settlement for a train accident that was caused by a texting operator. In 2012, a 18-year-old Aaron Deveau was convicted of motor vehicle homicide and sentenced to two years in prison for an accident that killed the father of three. In Kansas City, a 16-year-old girl was charged with manslaughter after a fatal accident that killed a 72-year-old woman.

If a person is injured in a motor vehicle accident by someone who is using a cell phone or a DUI driver, they are entitled to file a civil suit in addition to any criminal penalties the driver may face. A skilled personal injury attorney can help insure justice for the accident victim.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. Our law firm represents those who have been seriously injured by negligent drivers and the family of those killed.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.

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