Oregon Tenant Injuries

Oregon Tenant Injuries

Were you injured because your landlords failed to provide a safe rental unit upon move in?  Were you injured because your landlord failed to safely maintain the common areas under your landlord’s control?  In Oregon, landlords have a duty to provide a safe rental unit upon move-in.  Additionally, Oregon landlords must keep all common areas under the control of the landlord safe.  See ORS 90.320(f).  If you were injured because your landlord failed to provide you with a safe place to live, call Clark Law and Associates, LLC  (503) 238-1010.  Below are examples of the types of Oregon tenant injury cases we have handled where a tenant was injured:

  • Landlord failed the maintain a staircase that collapsed
  • Landlord failed to maintain a railing on a balcony that gave way
  • Landlord failed to maintain the electrical which led to a fire and tenant injuries
  • Landlord knowingly rented a house infested with brown recluse spiders
  • Landlord left a broken toilet on the sidewalk in the dark and 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, if we are awarded attorney’s fees there is a possibility that the attorney fee award would offset any fee percentage and 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?  Ideally, you would want to settle or file your case within one year of your injury.  See ORS 12.125.  You may still have some causes of action available under common law theories of liability for up to two years in Oregon under ORS 12.110, but attorney fee provisions under ORS 90.255 are only available if you file a lawsuit within one year of your injury.  Thus, 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.

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