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Inset: Mouse discovered in Bryan Padilla”s son’s mouth (Michael Fuller). Background: Apartment complex where Padilla lived that was allegedly infested with rats (Google Maps).
An Oregon resident has initiated legal action against his apartment complex, following an incident where he claims his infant son was found with a deceased mouse in his mouth.
Bryan Padilla has lodged a lawsuit targeting AMFP V Pine Village LLC, the proprietors of the Portland apartment complex where he resided with his family last year.
The lawsuit, as reviewed by Law&Crime, reveals that the Padilla family took residence in the apartment on November 8. Attorney Michael Fuller, representing Padilla, argues that it is incumbent upon the apartment management to ensure the property remains “clean, sanitary, and devoid of any debris, filth, rubbish, garbage, rodents, and vermin.”
Despite these expectations, Padilla quickly reported a “rodent infestation” issue after moving in, making several maintenance requests, according to the lawsuit.
The situation escalated on December 22 when a mouse allegedly entered the apartment through a wall opening. The suit claims Padilla’s young son discovered the dead mouse and placed it in his mouth.
“I was just livid. I had to leave work right away,” Padilla told The Oregonian newspaper.
Padilla took the boy to the emergency room to be checked out. Doctors determined there was not “any sign of serious problems from contact with the mouse earlier today,” a summary of the visit shared by Padilla’s attorney said.
“There is no indication for rabies vaccinations at this time,” the note said.
Padilla and his family “promptly vacated” the apartment a couple of days later.
“As a result of defendant’s failure to comply with the Oregon Residential Landlord Tenant Act as alleged in this complaint, plaintiff experienced diminution in rental value, odor, separation from friends or family members, inability to sleep or eat in the unit, interference with life activities, and similar disruptions of one’s personal life resulting from the acts and omissions alleged in this complaint, as tangible consequences of defendant’s noncompliance to be proved at trial,” plaintiff lawyers wrote.
The plaintiff is requesting that the management company repay the roughly $2,600 he paid in rent and about $122,000 in “noneconomic damages.”
The Padilla family says it broke its rental agreement in order to move out and have since moved to California to be closer to family.
“If you lose a couple thousand dollars, it’s worth it over your son possibly getting infected with something,” Padilla told The Oregonian. “Speak up before it’s too late.”
The property management company has not commented on the lawsuit.