Trial News

Giovanni Vazquez lived on the third floor of a rooming house. Below his bedroom window, there was a fire escape ladder affixed to the house, and the ladder led to a small roof above the first story. Vazquez used the ladder to climb down and sit on the roof early one morning. As he climbed back up the ladder to return to his bedroom, the metal brackets attaching the ladder to the house broke, causing Vazquez to fall three stories to the ground. He suffered a lacerated spleen, an intracranial injury with loss of consciousness, and a fractured clavicle and ribs, among other injuries. His medical expenses totaled approximately $53,500.

Vazquez sued the landlord, alleging violation of the Oregon Residential Landlord and Tenant Act, negligence and premises liability, and negligence per se. The plaintiff asserted that the defendant failed to maintain the ladder, which was severely corroded and in need of repair.

The defendant asserted that the plaintiff had used the ladder in a manner that was not reasonably foreseeable.

The jury awarded more than $218,500, finding the plaintiff 15% at fault.

Citation: Vazquez v. Dinehart, No. 22CV07272 (Or. Cir. Ct. Multnomah Cnty. Mar. 26, 2024).

Plaintiff counsel: Scott Levin, Portland, Ore.