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 a disturbing incident where he claims to have discovered a deceased mouse in his infant son’s mouth.
Bryan Padilla has officially filed a lawsuit against AMFP V Pine Village LLC, the proprietor of the Portland apartment complex where he, his wife, and their young son resided last year.
The complaint, which has been reviewed by Law&Crime, details that the Padilla family moved into their new apartment on November 8. Lawyer Michael Fuller, representing the plaintiff, argues in the lawsuit that the apartment complex is obligated to ensure the property is “clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.”
Despite this obligation, the lawsuit claims that Padilla frequently submitted maintenance requests concerning a “rodent infestation” that plagued their living space shortly after their arrival.
According to the legal documents, on December 22, a mouse allegedly entered the apartment through a hole in the wall. Padilla’s son reportedly found this dead mouse and placed it in his mouth, as stated in the lawsuit.
“I was just livid. I had to leave work right away,” Padilla recounted to 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.
