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 man is suing his apartment complex after he allegedly found a dead mouse in his 10-month-old son's mouth.
Bryan Padilla recently filed the lawsuit against AMFP V Pine Village LLC, which owns and operates the Portland apartment complex where he, his wife and son lived last year.
According to the complaint, obtained and reviewed by Law&Crime, the Padilla family moved into the apartment on Nov. 8. Plaintiff lawyer Michael Fuller said in the lawsuit that it is the apartment complex's responsibility to keep the premises "clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin."
However, shortly after moving in, Padilla repeatedly made maintenance requests about a "rodent infestation" that took over his apartment, the lawsuit stated.
On Dec. 22, a mouse apparently made its way through a hole in the wall and into the apartment. Padilla's son apparently picked up a dead mouse and put it in his mouth, per the suit.
"I was just livid. I had to leave work right away," Padilla told 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.