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· 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 CourtListener

Sourced 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.