Landlord-Tenant Injury Claims

Landlords have special obligations to tenants under the Residential Landlord Tenant Act.  The law requires that rental houses and apartment units be maintained in a “habitable condition.”  Habitability requirements cover a wide variety of conditions and mandate that:

• Electrical wiring is installed to code and maintained in good working order;
• Floors, walls and ceilings are structurally sound;
• Stairways and railings are maintained in good repair;
• No fire hazards are present and working smoke alarms are installed; and
• There are working locks for doors and latches for windows.

Other requirements include a waterproof roof and walls, a properly maintained heating system, and functional plumbing.

A tenant that is injured due to a landlord’s failure to comply with these requirements has a number of legal rights.  These include the right to bring a claim without having to prove negligence in many cases.  The tenant also may be entitled to recover attorney fees from the landlord.  Under the law, a non-complying landlord has very limited defenses.  These rights put a lot of pressure on the landlord’s insurance company to pay fair compensation for a tenant’s injuries.

Landlord-tenant injury claims often arise in the following circumstances:

• Fires caused by faulty electrical wiring or other unsafe conditions.
• Serious injury or death caused by failure to provide fire alarms or smoke detectors, or lack of a fire escape.
• Carbon monoxide poisoning caused by faulty furnaces, heaters, stoves or cooking equipment.
• Inadequate security that leads to assaults or other crimes committed against tenants.
• Broken or missing steps, handrails, stairs or railings causing slips, trips or falls.
• Structural failures in floors, walls or roofs.
• Children drowning in pools.

If you have been injured in a rental house or apartment unit, it is important to act quickly.  Critical evidence can be lost if not preserved right away.  Additionally, the law provides strict deadlines for bringing injury and insurance claims.

Attorney Rob Kline is experienced in pursuing landlord-tenant injury claims.  Rob has educated younger lawyers about handling such claims.  For additional information including more about the law, see DOING WELL BY DOING RIGHT: GETTING JUSTICE FOR INJURED CLIENTS UNDER THE RESIDENTIAL LANDLORD TENANT ACT AND GETTING PAID FOR YOUR WORK.

Rob Kline is available to discuss your legal rights.  Call today or request a confidential, free case evaluation.

Brain Injury Overview

Traumatic brain injury is a complex injury encompassing a broad spectrum of symptoms and disabilities.  The effects of a brain injury may be severe and apparent immediately.  Examples include slurred speech, difficulty walking and seizures.  In many cases, however, the effects of a brain injury are subtle at first.  But, over time, symptoms such as short-term memory loss, vision impairment or behavioral changes become apparent.  Often the family of the brain injury patient is the first to notice symptoms.  Brain injuries are one of the most common causes of disability and death in adults. Read more…

If you were in any kind of vehicle accident, be it a motorcycle, moped, scooter, car,  truck, bicycle, off road vehicle, ATV, recreational vehicle (RV), school bus or Trimet bus, you need the advice of an experienced accident attorney.

Rob Kline is a local Portland accident lawyer available to discuss your injuries and legal rights.  Call today or request a confidential free case evaluation.

What To Do After a Motorcycle Accident

If you have been in a motorcycle accident, there are a number of critical steps you should take to protect yourself and your legal rights.  Learn More.

It was an Accident…and it Happened to You

There are six million motor vehicle accidents reported in the Unites States every year.  Twenty nine percent of those accidents result in injuries. Those are just numbers– until it happens to you.  No one wants to be a statistic; we all want to be treated – and respected – as the individuals that we are.  Read more…

Cyclists Get Blamed

Bicycles are required to follow the same rules of the road as cars.  The vast majority of cyclists follow the rules.  And for good reason: cyclists are much more vulnerable to injury than the 4,000 pound automobiles with whom they share the road.  Nevertheless, as any cyclist will tell you, many car and truck drivers do not respect the right of cyclists to be on the road. Read more…

Pedestrians and motorists alike are required to obey all traffic laws.  When a pedestrian is injured by a motor vehicle, one of the key legal issues is whether the pedestrian had the right of way.  For example, if the pedestrian is in a crosswalk and crossing with a green light or WALK signal, the pedestrian has the right of way.  If a driver fails to yield to the pedestrian, then the driver usually is considered negligent. Read more…

Uninsured Motorists: Accidents with No Coverage

State law requires all drivers to have motor vehicle liability insurance.  Many people cannot afford, or chose not, to buy insurance.  They may buy insurance when it’s time to renew their vehicle registration, but the policy lapses when the buyer stops making monthly premium payments. Read more…

Accidents involving trucks are a serious traffic safety problem due to basic physics.  A fully loaded tractor trailer truck can weigh in excess of 80,000 pounds, while the average passenger vehicle weighs about 4,000 pounds.  In a crash, the huge weight difference between the vehicles dramatically increases the potential for injury.  Moreover, due to the height difference of the vehicles, occupants of the car can become trapped underneath the truck in an accident, resulting in catastrophic injuries. Read more…

Drunk Driving: Victims Have Other Rights

Oregon law permits you to recover both “economic” and “noneconomic” damages arising from a personal injury.  Economic damages include past, present and future medical bills, wage loss, loss of earning potential and other out-of-pocket expenses.  Noneconomic damages include pain, mental suffering, emotional distress, humiliation, “any inconvenience and interference with your normal and usual activities,” injury to reputation, and “any other subjective, nonmonetary losses.” Read more…