Hermiston herald. (Hermiston, Or.) 1994-current, December 25, 2019, Image 12

Historic Oregon Newspapers

Hermiston herald., December 25, 2019, Page 12, Image 12

Image provided by: University of Oregon Libraries; Eugene, OR

About Hermiston herald. (Hermiston, Or.) 1994-current | View Entire Issue (Dec. 25, 2019)

Prev Page of 16 Next Prev Issue Next Text PDF JP2 (1.4 MB) Clip/Print Image

Return to Top

Prev Page of 16 Next Prev Issue Next

Newspaper Page TextOPINION A12 • HERMISTONHERALD.COM WEDNESDAY, DECEMBER 25, 2019 COLUMN Ask a lawyer: Can a homeowner be held liable if someone falls on a snow-covered or icy sidewalk? Q uestion: Given the cur- avoid harming others. A person’s rent time of the year, conduct is negligent if that per- with icy roads and side- son fails to use reasonable care. walks, I shovel my sidewalks Reasonable care is the degree every time it snows. I do the of care and judgment used by same for my two elderly neigh- reasonably careful people in the bors. So my question is, “Is a management of their own affairs homeowner responsible, lia- to avoid harming themselves or ble, if an individual slips and others. A person fails to use rea- falls on a snow covered or icy sonable care when that person sidewalk?” does something that The short answer a reasonably care- is, there is a solid ful person would not legal argument to hold do, or fails to do some- a homeowner lia- thing that a reason- ble, within the city of ably careful person Hermiston, if someone would do under similar slips and falls (plus an circumstances. injury) on the home- In deciding whether owner’s sidewalk. a person used reason- Here’s why: Fail- Blaine Clooten able care, consider the ing to maintain a side- dangers apparent or walk, in this case failing to keep reasonably foreseeable when the the sidewalk clear of snow/ice, events occurred. Do not judge creates an issue of negligence. the person’s conduct in light of There’s two basic types of neg- later events; instead, consider ligence I’ll discuss brieﬂ y, plain what the person knew or should old negligence (ordinary neg- have known at the time. ligence); and what is known as The law assumes that all peo- Negligence Per Se (a legal doc- ple have obeyed the law and trine in Oregon whereby an act have been free from negligence. is considered negligent because The mere fact that an accident or it violates a statute or regulation/ injury occurred is not sufﬁ cient ordinance). by itself to prove negligence. Let’s ﬁ rst look at negligent It is, however, something you conduct (ordinary negligence), as may consider along with other reviewed in the Oregon State Bar evidence.” Books and jury instruction: Elements of negligence: ”The law requires every per- 1) The defendant’s conduct son to use reasonable care to was negligent (see above); 2) The defendant’s negligent conduct was a cause of harm to the plaintiff; and 3) The harm was reasonably foreseeable. This analysis of course does not consider issues of compar- ative fault. In modiﬁ ed com- parative fault, the plaintiff only recovers if they are found 50% or 51% at fault or less. Oregon has a modiﬁ ed comparative neg- ligence law. But the question pre- sented was, “...is the homeowner liable,” which I take to mean more, “can a homeowner be lia- ble?” which is, yes, a homeowner can be liable. The second, and more inter- esting question, is violation of Negligence Per Se. City of Hermiston code of ordinances can help shape negli- gence per se arguments. Here, if the homeowner is found to have violated a city ordinance, they can be liable for negligence, sim- ply by violating the ordinance. Example: If you ﬁ nd that the defendant (homeowner) violated this ordinance, the defendant’s conduct was negligent, unless the defendant proves that he or she was acting with reasonable care under the circumstances. The important ordinances in Hermiston to consider: 130.05 ENDANGERING PEDESTRIANS. (A) It shall be unlawful for MEDICAL DIRECTORY To advertise in the Medical Directory, please call: Jeanne at 541-564-4531 or Audra at 541-564-4538 “PLEASE MAKE SURE TO KEEP YOUR SIDEWALKS CLEAR OF SNOW AND ICE AS INCLEMENT WEATHER APPROACHES. YOU’LL NOT ONLY AVOID LIABILITY, YOU’LL PERFORM YOUR CIVIC DUTY! the owner, lessee or occupant of any building or structure to suf- fer or permit rain water, ice or snow, which has accumulated on the building or structure of such owner, lessee or occupant, to fall from such structure onto a side- walk or other public way. (B) The offense described in this section, endangering pedes- trians, is a Class C violation. 94.10 REMOVAL OF ICE AND SNOW. It shall be unlawful for the owner, lessee, occupant or per- son having control or custody of any premises or unimproved property to allow snow or ice to stand upon any sidewalks abut- ting upon the premises or prop- erty for a period longer than two hours after the snow or ice has ceased to fall thereon; pro- vided, however, that if the snow is falling or the ice accumulat- ing after the hour of 6:00 p.m., the same shall be removed within two hours after 7:00 a.m. on the next day. (Ord. 1976, passed 10-26-98) Penalty, see § 94.99 What this shows us in Herm- iston is that a homeowner may violate city ordinance if they fail to keep snow/ice from accumu- lating on their sidewalk; and if a person is hurt, the homeowner may be liable under a legal the- ory of negligence per se. Thank you for helping your elderly neighbors; and my fel- low citizens of Hermiston, please make sure to keep your side- walks clear of snow and ice as inclement weather approaches. You’ll not only avoid liability, you’ll perform your civic duty! For more information on city of Hermiston codes please visit: https://www.codepublishing. com/OR/Hermiston/ Your inquiry does not create an attorney-client relationship and any conﬁ dential information shared with Clooten Law in your inquiry will not be protected as conﬁ dential. For additional dis- closures and/or more information about us, or our ofﬁ ce, please visit: https://oregonlegalﬁ rm.com. HERMISTON FAMILY MEDICINE & URGENT CARE Sports & Dot Physicals • Minor Injuries • Family Care • Minor Surgeries We accept Medicare & some Advantage Medicare plans NO APPOINTMENT NECESSARY HOURS: Mon.-Sat. 7:30am-7:00pm 541-567-1137 236 E. Newport, Hermiston (across from U.S. Bank) LET US BE THE ONE THAT HELPS! Call Today! • Adult, Child and Family Therapy • Psychiatric Evaluation and Treatment • Mental Health and Crisis Services • Confidential and Professional Care LIFEWAYS PENDLETON Crisis Phone: LIFEWAYS HERMISTON 541-289-5433 331 SE 2nd St., 595 NW 11th St., 866-343-4473 Pendleton, OR 97801 Hermiston, OR 97838 Office: 541-276-6207 WWW . LIFEWAYS . ORG Office: 541-567-2536 1060 W. Elm, Suite #115, Hermiston, OR (across from Good Shepherd Medical Center) www.apd4kidz.com Office Hours: Mon-Fri 8am-4pm GENERAL FAMILY DENTISTRY • CROWNS • BRIDGES • DENTURES VENEERS DENTAL IMPLANT RESTORATION Ryan M. Wieseler, D.D.S, PC www.desertdentalsmiles.com 541.567.8161 • 995 Orchard Avenue • Hermiston Eye Health & Vision Care Robert D. Rolen , O.D., LLC Optometric Physician 115 W. Hermiston Ave. Suite 130 541-567-1837 EAST'40OREGON marketplace Place classified ads online at www.eastFSOoregonmarketplace.com or call 1-800-962-2819 between 8 a.m. and 5 p.m. Monday through F After hours, leave a voicemail and we’ll confirm your ad the next business day. Email us at classiGieds@ eastoregonian.com or fax: 541-278- East Oregonian Deadline is 3 p.m. the day before publication 211 S.E. Byers Ave. 333 E. Main St. We accept: Pendleton, OR 97801 Hermiston, OR 97838 See www.eastFSOoregonmarketplace.com for classified ads from all over Eastern Oregon EAST OREGONIAN • HERMISTON HERALD • BLUE MOUNTAIN EAGLE • WALLOWA COUNTY CHIEFTAIN 104 Special Notices PLEASE CHECK YOUR AD ON THE FIRST DAY OF PUBLICATION. While we are happy to make any necessary corrections, we can not be responsible for errors appearing for mul- tiple days. Thank you! CLASSIFIED LINE AD DEADLINES East Oregonian 2:30PM the day prior to publication Hermiston Herald 10am Tuesday 1-800-962-2819 classifieds@eastoregonian.com Looking for a new place to live? The classified ads offer a complete section of homes, apartments, and mobile homes to fit your needs. Check daily for new listings! 110 Announcements Win $3,000 in cash! Enter to win. Take our survey at www.pulsepoll.com and tell us about your household shopping plans 184 Personals Use an attention getter, color, or border to make your ad stand out! Contact Rowan or Chloe at classifieds@eastoregonian.com 1-800-962-2819 to place your classified ad! 502 Real Estate How Much is your Home Worth? Call Matt Vogler, The Week- end and After Hours Realtor, for a free Market Analysis. 541.377.9470. More Listings needed to meet current buyer demand! John J. Howard & Assoc. (541) 377-9470 Selling or Buying a property? If you are thinking of selling or buying a home, call for a free consultation. Day’s or eve- nings, 7 days a week. Rocky Mikesell Blue Jeans Realty “Our office is wherever you are” (541-379-8690) One Reliable Realtor accessing all properties to find the home for you---Prompt, Courteous, Honest service to represent you in Buying and Selling prop- erty--TURN HERE REALTY-- -Email: kjcbaird@gmail.com or call 541 377 6855 TURN HERE REALTY & TRAVEL 305 SW Court Ave Pendleton 504 Homes for Sale Prices are up! Now may be the time to gain some equity and move up to a larger home. Call Matt Vogler for a free Market Analysis. John J. Howard & Assoc. (541) 377-9470 Current MLS listings include several 3 and 4 bedroom, 2 bath homes for sale in popular loca- tions. Call Matt Vogler, “The Weekend and After Hours Re- altor” for addresses and pricing. John J. Howard & Assoc. 541.377.9470 504 Homes for Sale RMLS#18381851 Pendleton Property 3 br 2 bath manufactured home on a big lot with small 2 b/r 1bath rental house on same lot. Priced to sell at $145,000. Call Cathy for more info. (541) 215-0103. Garton & Associates 541-276-0931 Call 541 377 6855 today to tour a lovely 3 bed 2 bath home on the North Hill.#19641273 Amazing views, Double lot with room to double your square footage as you complete the basement. This shiny home is move in ready . $189 900 TURN HERE REALTY & TRAVEL 305 SW Court Ave Pendleton 4 Bed 2 Bath with 2 large living areas, fenced yard. Move in ready with fresh paint and new carpet. Your new home is wait- ing for you and its time for the move - Call Kerry 541 377 6855 to tour today # 19644354... $160 000 TURN HERE REALTY & TRAVEL 305 SW Court Ave Pendleton $285,000 - 4 Bedroom 3 Bath Tri Level. Very nice throughout. Large fenced yard. Updated kitchen. Large deck and nice city view. Close to shopping. MLS# 19655891 Rocky Mikesell Blue Jeans Realty “Our office is wherever you are” (541-379-8690) Never a better time to sell your home. Interest rates are $285,000 - 4 Bedroom 3 Bath Tri Level. Very nice throughout. Large fenced yard. BUY IT! SELL IT! FIND IT! CALL 1-800-962-2819 How Much is your Home Worth? Call Matt Vogler, The Week- end and After Hours Realtor, for a free Market Analysis. 541.377.9470. More Listings needed to meet current buyer demand! John J. Howard & Assoc. (541) 377-9470 504 Homes for Sale $255,000 – 2018 Fleetwood MFG Home on 2.51 Acres. 4 Bed 2 Bath. Open floor plan with Beautiful Kitchen. Four corrals with Lots of room for Livestock. MLS# 19510220 Rocky Mikesell Blue Jeans Realty “Our office is wherever you are” (541-379-8690) $289,900 View! 4bed, 2.5bath, w/office and family room. Recent up- grades: kitchen, carpet, paint, trim and most new windows. Near park, medical facilities, RAC. Vicki 541-969-9441cell. #19082889 Coldwell Banker Whitney & Associates 541-276-0021 $595,000 Prime residential develop- ment land w/sweeping views of the Blue Mountains. Mul- tiple access points. Property contains six tax lots totaling 55.95 acres(m/l). Jef 541-969- 9539cell. #19264696 Coldwell Banker Whitney & Associates 541-276-0021 $450,000 4.16ACRES, W/VIEWS, min- utes from town. 3633sf(m/l) home w/daylight basement, 3bedrooms, 2baths. Fabu- lous greatroom! Garage, shed. Zoned for animals. Cari 541- 377-5058cell. #19000883. Coldwell Banker Whitney & Associates 504 Hom $229,500 1level, 6be 2170sf(m/l) ma w/stick built a with island an ed just blocks Park. Kevin 5 #19082248 Coldwell Ban Asso 541-2 $265,000 4 bed, 2 bath 2levels. Lowe kitchen. Cu accents exter ered patio an BBQ. Jerry 5 #19593858 Coldwell Ban Asso 541-2 $149,000 Charming 2be Updated kitche updated wiring 2years old. D rage/shop. W private backyar 9692887cell. # Coldwell Ban Asso 541-2 $399,999 – 3 B Bath Log Hom Beautiful Log H cious Upstairs 360 Degree Vi open floor plan MLS# 1968140 Rocky Blue Je