Legal Question in Personal Injury in Oregon
I gave a homeless person a ride to the hospital he told me he was hurt in a accident and needed help . He must have picked up my business card and now a attorney calls me and says I am being sued as this fellow said he was hurt on my property, however I don't own any property. I left a message with the attorney telling him I don't own property and I don't know this fellow, I only gave him a ride. What can come of this claim? Can he really sue me?
1 Answer from Attorneys
Anyone can sue anyone for anything. That does not mean that the suit will be successful. If you tell the attorney the truth (you have no property, etc.), then it is highly unlikely that the attorney will go to the trouble and expense of filing a lawsuit against you. If he files a frivolous, baseless suit against you, you can collect from him an amount equal to your costs and attorney fees for defending the suit.
ORS 20.105 provides, in part:
"In any civil action, suit or other proceeding in a district court, a circuit court or the Oregon Tax Court, or in any civil appeal to or review by the Court of Appeals or Supreme Court, the court shall award reasonable attorney fees to a party against whom a claim, defense or ground for appeal or review is asserted, if that party is a prevailing party in the proceeding and to be paid by the party asserting the claim, defense or ground, upon a finding by the court that the party willfully disobeyed a court order or that there was no objectively reasonable basis for asserting the claim, defense or ground for appeal."