Injury From Unmarked Asphalt Hazard In Apartment Complex – Liability?

Location: Eugene, Oregon. My 4-year-old autistic daughter was injured at our apartment complex after falling face-first into freshly laid asphalt. The wet asphalt was directly adjacent to a pedestrian-accessible sidewalk. There were no cones, tape, or signage indicating the area was hazardous—only a single line of cones blocking vehicle access. Nothing warned pedestrians, children, or guests.

A worker yelled at us to “keep her off the area” after the fact. Her mother (visiting, not a resident) is deaf and heavily pregnant, and could not perceive any verbal warnings. The incident occurred while we were walking to the bus stop. My daughter sustained abrasions, embedded asphalt residue, and required emergency medical care. I have medical documentation and photos.

Management responded by saying they had posted general notices and emailed residents, but admitted they “cannot set up a perimeter or put signs on every carport.” Their safety tips were vague and passive (e.g., “keep kids and pets away”), and no signage was present at the actual hazard site. No specific dates, zones, or visual warnings were provided. They also minimized the injury, saying they were “glad no serious injury occurred,” and implied that residents were responsible for keeping children away from the area.

Is the property management company liable for failing to mark active hazards in a family complex? Should I pursue this through small claims, or escalate to a regulatory body?