Curious if I have a case against a negligent landlord. Here's the details: We moved into a rental house. Within a few days, we had PG&E come out and show us how to use the pilot light on heater. He said the gas heater was never cleaned in 50 years. He cleaned it as much as he could. Later that day, it caught fire. It blew smoke into our 6 month-old baby's room. There was a smoke detector in it, but it never went off (we tested it, and it did go beep). Fire trucks came and fixed furnace. We had a pro heater company come out,and said the hole thing was a health hazad - the dirtiest heater he's ever seen, electrical tape holding the ducts together, holes in pipes, plugged up gas stems (he said it could have exploded since it was collecting gas), and on and on. Landlord never installed all the fire alarms, and the ones installed didn't work. Also, water heater had an outtake for the fumes that was removed, so it was pushing carbon dioxide into house. Issues with electrical too. Thoughts?
2007-05-08 08:41:16 · 8 answers · asked by D 1 in Politics & Government ➔ Law & Ethics
Yes, you have a claim, and negligence is your claim. Negligence has 4 elements: duty, breach of duty, causation, and damages. He had a duty to keep the property safe and in good condition, he breached that duty by failing to keep the gas heater cleaned and repaired, (and who knows what else is in need of repair), and because he didn't, the heater caused a fire and caused damages. You could possibly have a claim against PG&E, they should have advised of replacing it, especially if it was in that bad of shape.
2007-05-08 09:33:05 · answer #1 · answered by r riggs 3 · 1⤊ 1⤋
Landlord Negligence
2016-11-16 08:25:42 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You definately have a case of negligence especially if the baby incurred any trama or sickness from the smoke. Here is what you have to decide before you move forward. 1) Does the landlord have assets of value that you could take in a judgement. 2) How much will a lawsuit cost you in not only money but time and energy. 3) Do you have a fallback place to live because chances are you wont be staying there if you suing your landlord. 4) Do you have a reputable attorney that will represent you and not one that wants to bleed you of your money. All of these are really important to consider and the answer will come when you talk to a few attorneys and find out the estimated potential damages as well as do some research into the guys assets that your suing. Last thing is go through your lease agreement and comb through the fine print to make sure you didn't waive all of your rights. Thats a big one to look for. Good luck! :)
2007-05-08 09:10:39 · answer #3 · answered by Corey 2 · 1⤊ 0⤋
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RE:
Can I sue landlord for negligence?
Curious if I have a case against a negligent landlord. Here's the details: We moved into a rental house. Within a few days, we had PG&E come out and show us how to use the pilot light on heater. He said the gas heater was never cleaned in 50 years. He cleaned it as much as he could. Later that...
2015-08-19 02:53:23 · answer #4 · answered by Isaiah 1 · 0⤊ 0⤋
Did you notify the landlord when PG&E told you the heater looked like the heater had never been cleaned? Did you test the smoker detectors yourself, to see if they worked? Stressful for you, yes, BUT, especially as parent's of an infant, you have certain obligations to make sure you live in a safe place. You should have tested the smoke detectors yourself to see if they worked, before an emergency arose. Just beeping does not sound like a true test - I would have called him at that point to have them inspected professionally. It would have been his job to fix the furnace, if he was informed it was in bad shape. Ask him if you can deduct any expenses you've incurred from your next rent check- like if you had to clean things because of the smoke.
2007-05-08 08:55:17 · answer #5 · answered by GEEGEE 7 · 1⤊ 1⤋
Did the landlord fix the problems once they were discovered?
What if damages (and no smoke on your baby is not a damage) did you incur as a result?
2007-05-08 08:45:16 · answer #6 · answered by Susie D 6 · 0⤊ 2⤋
You can sue for damages and maybe expenses to move out, but it sounds like the place just needs to be condemmed.
2007-05-08 08:47:18 · answer #7 · answered by John L 5 · 2⤊ 1⤋
I think you have a case. Contact a lawyer
2007-05-08 08:45:21 · answer #8 · answered by Anonymous · 2⤊ 3⤋
yes he is responsible for the upkeep of the furnace and such, however you should have had renters insurance.
2007-05-08 08:44:08 · answer #9 · answered by thenoodle 2 · 1⤊ 1⤋