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Oregon Tenant Injuries

Oregon Tenant Injuries

If you were injured because your landlord failed to provide you with a safe place to live, call our attorneys at Clark Law and Associates, LLC  (503) 238-1010 If you have an injury other than a mold injury, one of our attorneys will likely provide you with a free initial consultation and consider your case on a contingency fee basis.  We will need to do a conflict of interest check before discussing your case.

  • Were you injured because your landlord failed to provide a safe rental unit when you moved in?
  • Were you injured because your landlord failed to make repairs in a timely manner after your written request?
  • Were you injured because your landlord failed to safely maintain the common areas under the landlord’s control?

Oregon landlords have the following duties:

  • Provide a safe rental unit upon tenant move-in.  See ORS 90.320(f).
  • Keep all common areas under the control of the landlord safe.  See ORS 90.320(f).

Below are examples of the types of Oregon tenant injury cases we have handled where a tenant was injured due to a landlord’s negligence:

  • Failure to maintain a staircase that collapsed
  • Failure to maintain a railing on a balcony which collapsed
  • Failure to maintain the electrical wiring which led to a fire and tenant injuries
  • Failure to maintain the plumbing system including the fire sprinkler system which caused a roof to collapse
  • Failure to maintain trees around the building which caused a tree to fall through the roof
  • Landlord knowingly rented a house infested with brown recluse spiders
  • Landlord left a broken toilet on the sidewalk in the dark and the tenant fell

How are my attorney’s fees paid if I am an injured tenant?  Under ORS 90.255, the prevailing party in a lawsuit filed under the Oregon Landlord Tenant Act may be eligible for an award of attorney’s fees.  Thus, if we accept your tenant injury case on a contingency fee basis or hourly basis and if we are awarded attorney’s fees, there is a possibility that the attorney fee award would offset any fee percentage or hourly rates and you, as the tenant, would pay no attorney’s fees.  On the other hand, if the tenant did not prevail, the tenant could be liable for the landlord’s attorney fees.

How long do I have to bring a lawsuit if I am injured as a tenant?  We recommend you settle or file your case within one year of your injury. See ORS 12.125.  You may still have some recourse available under common law theories of liability for up to two years in Oregon under ORS 12.110.  However, attorney fee provisions under ORS 90.255 are only available if you file a lawsuit within one year of your injury.  If we are awarded attorney fees, then any attorney fees awarded would offset any contingency fee percentage and this is a great benefit to you.  It is important to obtain counsel as soon as possible, as it takes time for an attorney to prepare a case prior to filing a lawsuit.  In Washington State, you have 3 years to bring a claim.  See RCW 4.16.080.  There are some exceptions for minor children.