When you think of the worst surprises apartment living can bring, a dead mouse in a baby’s mouth is hard to top. That’s exactly what happened in Northeast Portland, where a father named Alex Padilla has filed a $122,000 lawsuit against the landlord of the Davenport Apartments after his infant son was discovered with a dead mouse in his mouth. The case has sparked a conversation about tenant safety, landlord responsibilities, and the legal recourse available when a living space becomes hazardous.
The Incident That Sparked the Lawsuit
On a quiet morning in early March, Alex Padilla’s wife noticed a small, dark shape in their baby’s mouth. A quick check revealed a dead mouse, a chilling reminder that the apartment building was infested. The couple immediately reported the issue to the property management office, but the response was delayed. By the time the landlord addressed the problem, the infant had already been exposed to potential toxins and the family was left with a traumatic experience.
Padilla’s decision to sue was driven by more than just the shock of the discovery. He argues that the landlord’s failure to maintain a pest-free environment violated Oregon’s health and safety codes, and that the incident caused both physical and emotional harm to his child and family.
Legal Grounds for the $122,000 Claim
Under Oregon law, landlords are required to keep rental properties in a condition that is safe and habitable. This includes controlling pests that can pose health risks. The lawsuit cites several key points:
- Negligence: The landlord’s delayed response to the infestation is seen as a breach of duty.
- Premises Liability: The landlord can be held liable for injuries caused by unsafe conditions on the property.
- Emotional Distress: The lawsuit claims that the family suffered significant psychological trauma, which is compensable under Oregon’s statutes.
- Property Damage: The presence of mice can damage furnishings and structural elements, adding to the financial burden.
Padilla’s legal team estimates the damages at $122,000, covering medical costs, counseling, property repairs, and










