· 1/31/2007
McPherson v. State Ex Rel. Department of Corrections
Citations
- 152 P.3d 918
- 210 Or. App. 602
- 2007 Ore. App. LEXIS 132
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the assault of a tenant by a stranger in the laundry room of the apartment complex “did not result from some strange concatenation of highly unusual circumstances” (internal quotation omitted)
- emphasizing that foreseeability is a question that should be left to the jury except in “extreme cases”
- explaining that probability of harm, and therefore reasonable foreseeability, decreases as the number of steps between a defendant’s action and the plaintiffs harm increases
- outlining that approach following Fazzolari where special relationship is invoked
- the scope of a landlord’s duty to its tenants includes a “duty to take reasonable steps to protect tenants in the property’s common areas from reasonably foreseeable criminal acts by third persons”
- the scope of a landlord’s duty to its tenants includes a “duty to take reasonable steps to protect tenants in the property’s common areas from reasonably foreseeable criminal acts by third persons”
Source: CourtListener parenthetical corpus (CC0).
Judges: Landau, Schuman, Ortega
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.