Disposing of a worn-out vehicle, appliance, computer, even maybe a house in the state of Oregon? Maybe you’d better worry that a subsequent user will get injured by or in or with it and blame the mishap on your negligent failure to perform proper maintenance. That theory is getting a plaintiff to trial past a motion to dismiss in a case where a crash victim is suing not only the owner of the truck that hit him, but also a former owner that had sold the truck about a year earlier. The Oregon Supreme Court, reversing a trial and appeals court, is allowing the case to go to trial. Lewis & Clark lawprof Jack Bogdanski writes:

How far does the rule of this case go? Would it cover tools that you unloaded at a garage sale last year? How about the house you sold last year, or five years ago? Surely, it would cover that used car you got rid of, although the court hinted that maybe you’d be off the hook if the dangerous condition was obvious when you sold it, or if you traded the car in at a dealership.

What can you do to protect yourself? I doubt that your insurance covers it — at least auto policies end when the vehicle is sold, and I’d be surprised if a standard homeowners policy wouldn’t work the same way. There’s no way to get a release in advance from everyone who might be hurt by breakdowns of your former stuff while it’s in the hands of future owners whom you don’t even know.

(Jack Bog’s Blog, Oct. 21; Bailey v. Lewis Farm, Inc., Oregon Supreme Court, Oct. 11). P.S. Corrected procedural posture of case following reader comment.

Filed under: Oregon