By Lawrence Szabo, Esq. | Case Decisions, Ownership and Transfer of Interest, Use and Maintenance

In this case, Plaintiff, who was a tenant of an apartment complex, suffered a serious knee injury at his apartment complex when a section of an elevated walkway collapsed due to deterioration. He brought suit against both the property owner and the property manager (“Defendants”) for damages based on the personal injuries he suffered in which he alleged claims based on negligence and violation of Oregon’s Residential Landlord-Tenant Act. In the suit, Plaintiff alleged that Defendants were aware of the deteriorated condition of the walkway but chose not to repair it.

At the trial, Defendants admitted that they had negligently maintained the walkway and had violated the obligations of a landlord under the state’s Residential Landlord Act, but they disputed the extent of the damages claimed by Plaintiff and specifically denied their liability for punitive damages. By statute, the punitive damages requested by Plaintiff are not recoverable “unless it is proven by clear and convincing evidence that the party against whom punitive damages are sought has acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others.”

The jury awarded the Plaintiff just under $300,000 in damages for his personal injuries and found that Plaintiff had proved that Defendants had engaged in conduct that met the statutory standard imposed for punitive damages and awarded:

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