Legal Question in Civil Rights Law in Oregon

Re: a host getting sued for something she did not do

Get in touch with your homeowner's insurance for that property, or if you were a tenant and had tenant's insurance (like for fire/theft), it ordinarily has a liability portion as well. Let THEM handle this for you.

If there was no such insurance, you should probably hire a defense lawyer to assist you. Not criminal defense, just a lawyer who handles insurance defense. In the Portland area, you might try SIMON HARDING or PAUL RODRIGUEZ, or call the Oregon State Bar's Lawyer Referral Service. If you or the host has actually been sued already, then it is critical to get a lawyer representing you right away. If there was insurance, they'll hire one for you.

Very generally speaking, in Oregon, a social host CAN have liability to a third party who was hurt in a vehicle wreck, IF the driver at fault was served while VISIBLY INTOXICATED, not merely under the influence, and the plaintiff can prove this by what's called "clear and convincing evidence," which is a burden of proof higher than in an ordinary civil case (which is more than 50%, or more likely than not), but something less than the burden in a criminal case (proof beyond a reasonable doubt).

There may be many other factors affecting liability in this case, so please do seek in-person legal help as soon as possible.

Good luck,

-- Sam