OTLA Trial Lawyer Spring 2021

34 Trial Lawyer • Spring 2021 the builders accountable. Nearly every landlord and new builder proudly pro- claims the dangers of mold. It is in their rental agreements, in their internal safety protocols and in their employee manuals. Yet, these companies almost never take their own warnings and advice seriously. I recently litigated a case where a company’s own protocols required post- mold remediation testing to ensure a unit was healthy and habitable. Anything less than post-remediation testing, the manual stated, was not up to the com- pany’s high standards. But in our case, not once but twice, the company failed to do any post-remediation testing and, in both instances, moved tenants into a home that was still heavily contaminated with harmful mold. Stay alert And finally, this job is dynamic. In contrast with many PI cases like motor Mold Continued from p 33 vehicle collisions or premise liability cases, landlords nearly always dispute their liability. Yet, they more often than not shoot themselves in the foot because their own policies and statements regard- ing the harms of mold and the precau- tions that should be taken prove our case better than anything I could offer. Also, it’s an emerging area of practice, so we don’t see the same host of DME doctors that we all know by name in the motor vehicle collision or head trauma fields. That is to say, lots of twists and turns and unpredictability at trial. We’re pioneering and plowing lots of new areas. And this field involves the intersection of so many areas of law. I frequently liti- gate under the Oregon Residential Land- lord Tenant Act, yet I’m not a tradi- t iona l l andlord/ t enant l awyer. I frequently have to litigate construction defect issues that deal with the sources of mold in a home, yet I’m not strictly a construction defect attorney. I always deal with personal injury and property damage issues. My partner, Roger Harris, and I recently reversed, at the Court of Appeals, a grant of summary judgment on employment law and workers’ com- pensation issues arising out of a tenant/ mold case. This job keeps you on your toes. So yes, I will regale you with stories of mold litigation. And I will proudly wear my “mold lawyer” colors. I can’t imagine a more satisfying, dynamic job. It checks all the boxes. There’s a need for it. Our clients want it. And there is so much room for us to help so many harmed individuals here. Let’s continue to fight the good fight. Adam Heder is a plaintiff/personal injury attorney and specializes in mold-related personal injury cases. He is a partner at the law firm of Harris Berne Christensen, LLP 15350 SW Sequoia Pkwy., Ste. 250 Port- land, Oregon 97224. He can be reached at adamh@hbclawyers.com or 503-596- 2920