When Is an Oregon Landlord Liable for a Tenant’s Injuries?

Oregon personal injury cases based on premises liability usually focus on accidents that occur when the victim is injured on someone else’s property. For example, if you slip and fall at the supermarket due to a safety hazard the owner should have noticed and remedied beforehand, you can file a personal injury lawsuit to seek compensation for your medical bills and other losses.

But what if you are injured on a property where you are the tenant? Can you sue your landlord if you are injured due to a defective condition in your apartment? In many cases, the answer is “yes.” There is a specific state law, the Oregon Residential Landlord and Tenant Act (ORLTA), that governs a landlord’s obligations towards tenants. Among other provisions, ORLTA requires a landlord to keep a tenant’s “dwelling unit in a habitable condition” at all times during the lease.

A dwelling is considered “unhabitable” if certain basic items, such electrical wiring or plumbing, are lacking or in disrepair. And to the point, a tenant can file a personal injury lawsuit if they are injured as a result of such unhabitable conditions.

Oregon Supreme Court Revives Tenant’s Personal Injury Lawsuit

The Oregon Supreme Court recently clarified that a landlord’s duties under ORLTA may extend to unhabitable conditions that exist outside of an apartment or dwelling unit. The case before the Court, Jackson v. KA-3 Associates, LLC, involved a tenant injured when the cover of a plastic lighting fixture fell from the ceiling of a hallway onto his head. As a result, the tenant suffered serious injuries to his head, neck, and shoulder, and ultimately required surgery for a herniated disc.

The tenant sued his landlord under the ORLTA, alleging a breach of the duty of habitability. The landlord replied that since the tenant’s accident occurred in the hallway outside of the entrance to his apartment, ORLTA did not apply. Both the trial court and later the Oregon Court of Appeals agreed with this position and dismissed the tenant’s lawsuit.

The Oregon Supreme Court, however, reversed and remanded the case for further proceedings. It held the “plain text” of the ORLTA “indicates that a landlord’s habitability obligations apply to areas of a premises that are outside a tenant’s dwelling unit.” Indeed, the statute specifically mentions a number of covered areas outside of a rented apartment–such as elevators and air conditioning units–that landlords must keep in habitable condition. Similarly, the ORLTA could apply to claims involving accidents that occur in “areas outside a tenant’s dwelling unit, like the shared, exterior hallway that was adjacent to [the] tenant’s apartment and used by [the] tenant to access the apartment.”

Contact a Portland Premises Liability Attorney

Oregon property owners have certain duties to keep their premises in safe condition for all persons lawfully invited or present on the grounds, not just tenants. If you have been injured in an accident resulting from a property owner’s neglect of this duty, our Portland premises liability lawyers can represent you in taking legal action to secure compensation for your injuries. Contact Rosenbaum Law Group, PC, today at 503-288-8000 to schedule a free consultation.

Source:

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