Joshua Hayward
Partner
Expertise Overview

Josh’s practice focuses on the defense of cases involving personal injury and wrongful death. He represents companies and the insureds of several large insurance carriers against claims arising from the alleged negligent use of motor vehicles, products liability, and premises liability.

Josh started as an associate at Smith Freed Eberhard in 2001. He has been a partner since 2008. Josh leads a group of attorneys that specialize in trying cases and effective pre-trial litigation. Josh typically tries several cases a year to jury verdict.

Prior to joining Smith Freed Eberhard, Josh gained experience in civil litigation, criminal defense, and family law while clerking at a firm in Salem, Oregon. While attending law school, he spent time in London, UK, where he served as a solicitor’s clerk for a high-profile firm advocating on behalf of individuals alleging human rights violations.

Relevant Cases

Josh has significant practice defending premises liability claims against property owners including churches, restaurants, stores, hotels, and bars, and he has successfully litigated product liability claims involving national tire manufacturers, do-it-yourself home supply chains, equipment rental companies, and engineering companies. He also represents several local and regional commercial and personal lines insurers and their insureds in Oregon and Washington.

Education

Pepperdine University, J.D., cum laude, 2001
Oregon State University, B.A., History, Spanish minor, cum laude, 1997

Professional Certification & Accolades

Member, Oregon State Bar Association
Member, Washington State Bar Association
Member, California State Bar Association
Member, Oregon Association of Defense Counsel
Member, Multnomah County Bar Association

Practice Areas
  • Practice Area
    • Commercial Liability Defense
    • Products Liability
    • Wrongful Death
    • Personal Lines
    • Automotive Defense
    • UM/UIM
    • PIP
    • Dog Bite
Bar Admissions
  • Oregon
  • Washington
Success Story Automotive Defense General Litigation Personal Lines The Early Bird Gets the Case Dismissed Friday December 20, 2019 By: Josh Hayward
Success Story Automotive Defense Personal Lines Disproving a Self Serving Story Tuesday June 30, 2015 By: Josh Hayward
Success Story Automotive Defense Personal Lines Low Impact Accident Leads to Low Verdict Tuesday June 30, 2015 By: Josh Hayward
Success Story Automotive Defense Personal Lines Disc Bulge Dispute Friday June 26, 2015 By: Josh Hayward
on-demand
Webinar Automotive Defense Commercial Liability Defense Dog Bite ORS 20.080 Attorney Fee Personal Lines PIP Premises Liability Tenant Landlord UM/UIM Personal Lines in Oregon and Washington – 2021 Year in Review Wednesday January 26, 2022 By: Josh Hayward, Cliff Wilson
on-demand
Webinar Commercial Liability Defense Products Liability Oregon Product Liability Law Thursday January 20, 2022 By: Josh Hayward, Sean Conner
Bighorn Logging Corp. v. Truck Ins. Exchange Legal Alert Commercial Liability Defense Timber Trespass Oregon Case Law Update: Oregon Court of Appeals Requires an Insurer to Indemnify its Insured for Intentional Timber Trespass Claim Despite an Exclusion for I... Thursday February 14, 2019 By: Josh Hayward
Moreau v. Samalin Legal Alert Personal Lines Oregon Case Law Update: Oregon Trial Court’s Award of Reduced Attorney Fees Subject to Remand Due to Insufficient Explanation Thursday January 17, 2019 By: Josh Hayward
Poole v. State Farm Legal Alert Personal Lines Washington Case Law Update: Insured’s Bad Faith Lawsuit is Revived after the Washington Court of Appeals Interprets Ambiguous Insurance Terms against the Ins... Thursday January 3, 2019 By: Josh Hayward
Josh Hayward Case Update Legal Alert Personal Lines Oregon Case Law Update: Plaintiffs Must Show Diminished Property Value in Order to Prevail on a Timber Trespass Claim Involving Ornamental Trees Thursday November 8, 2018 By: Josh Hayward
Josh Hayward Case Update Legal Alert Commercial Liability Defense Slip and Fall Washington Case Law Update: Washington Court of Appeals Affirms Summary Judgment Against Unrepresented Plaintiff for Failing to Follow Procedural Rules Thursday October 11, 2018 By: Josh Hayward
Josh Hayward Case Update Legal Alert PIP Oregon Case Law Update: Oregon Court of Appeals Identifies Threshold Level of Evidence Required to Prove an Injury is Permanent Tuesday September 25, 2018 By: Josh Hayward
Legal Alert Oregon Case Law Update: Servicemember’s Wrongful-Death Claim Tolled While on Active Duty Thursday September 13, 2018 By: Josh Hayward
Legal Alert Automotive Defense Personal Lines UM/UIM Oregon Case Law Update: Insurer’s Safe Harbor Letter Insufficient to Express Consent to Binding Arbitration Thursday July 12, 2018 By: Josh Hayward
UIM Legal Alert PIP UM/UIM Washington Case Law Update: Court Finds Issues of Material Fact on Reasonableness of Insurer’s Handling of UIM Claim Thursday May 31, 2018 By: Josh Hayward
PIP application form Legal Alert Automotive Defense Personal Lines PIP Oregon Case Law Update: PIP Application Form Inadmissible in Suit by Insured Against Tortfeasor Thursday May 10, 2018 By: Josh Hayward
Statutory Costs Legal Alert Automotive Defense Personal Lines Washington Case Law Update: Statutory Costs Included When Comparing Arbitration Award with Trial Judgment Thursday April 26, 2018 By: Josh Hayward
Legal Alert Personal Lines UM/UIM Washington Case Law Update: Washington Court of Appeals Allows Bad Faith and CPA Claim Against Adjuster Thursday April 5, 2018 By: Josh Hayward
Legal Alert Personal Lines PIP UM/UIM Oregon Case Law Update: No Safe Harbor Protection in Dispute over Reasonable and Necessary Medical Services Wednesday March 7, 2018 By: Josh Hayward
Legal Alert Commercial Liability Defense Negligence Washington Case Law Update: Can a Firefighter Who Is Injured at an Accident Scene Recover from Parties That Caused the Accident? Wednesday February 28, 2018 By: Josh Hayward
Legal Alert Personal Lines PIP Oregon Case Law Update: Offsetting Jury Awards by Previously Paid PIP Benefits Thursday February 1, 2018 By: Josh Hayward
Legal Alert Personal Lines PIP UM/UIM Oregon Case Law Update: Court Rules Letter Insufficient to Entitle the Insurer to the "Safe Harbor" Protection Thursday January 25, 2018 By: Josh Hayward
Legal Alert Commercial Liability Defense Washington Case Update: Internal System for Inspecting Equipment Saves Owner from Premises Liability Claim Wednesday January 10, 2018 By: Josh Hayward
Legal Alert Commercial Liability Defense Oregon Case Law Update: Court Upholds Defamation Claim for Tweets and Customer Website Reviews Thursday December 14, 2017 By: Josh Hayward
Legal Alert PIP Oregon Case Law Update: PIP Benefits Do Not Include Medical-Related Transportation Costs Friday November 10, 2017 By: Josh Hayward
Legal Alert Oregon Case Law Update: When is Police Officer Testimony Admissible? Wednesday October 25, 2017 By: Josh Hayward
Legal Alert Commercial Liability Defense Oregon Case Law Update: Using an Expert Witnesses to Defeat a Motion for Summary Judgment Thursday October 5, 2017 By: Josh Hayward
Legal Alert Personal Lines UM/UIM Oregon Case Law Update: “Formal Institution” of Arbitration Proceedings Requires Explicit Offer or Demand to Arbitrate Thursday June 1, 2017 By: Josh Hayward
Legal Alert PIP Oregon Case Law Update: Evidence Required to Establish Excusable Neglect Tuesday April 25, 2017 By: Josh Hayward
Legal Alert PIP Oregon Case Law Update: PIP Benefits Do Not Include Medical-Related Transportation Costs Thursday March 16, 2017 By: Josh Hayward
Legal Alert PIP Oregon Case Law Update: Ninth Circuit Scraps Lawsuit against Rape Accuser under Oregon’s anti-SLAPP Law Thursday March 2, 2017 By: Josh Hayward