Asked in Landlord - Tenant and Personal Injury for Oregon

Q: Can I sue my landlord/ workers for damage to my vehicle

My landlord s worker caused real damage to my classic vehicle that I was restoring and has no intention on paying for any of the damages

1 Lawyer Answer
Jina Ly Clark
Jina Ly Clark
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Under the doctrine of respondeat superior your landlord is responsible for the actions of his employees and/or agents in the course and scope of their employment and/or agency. If you need an attorney to assist you, there is an attorney fee provision under ORS 90.255 if a lawsuit is filed and you prevail. However, the attorney fees are reciprocal, meaning if you lose, you would owe your landlord money. There is also an attorney fee statute of ORS 20.080 but the amount claimed must be less than $10k for the attorney fee provision to apply. The provision requires that a demand constituting a proof of loss be sent 30 days + time for mailing in advance. The fee provision only applies after a lawsuit is filed. I suggest you seek counsel.

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