A friend of mine owns a house in Toronto, Canada and one of her tenants recently suffered from Carbon Monoxide poisoning. The landlord had two working CO detectors in the house. Can she be sued? Is she liable for what happened?
2007-12-21 09:27:44 · 18 answers · asked by lonepiper 2 in Politics & Government ➔ Law & Ethics
Is she liable for what happened? - Depends on what happened. Renter ran a generator in the house with the doors and windows closed? Probably not liable. Renter has complained about the heater stinking for the last few months and the heater caused the problem? Likely to be liable.
2007-12-21 09:31:34 · answer #1 · answered by davidmi711 7 · 0⤊ 0⤋
Yes, in general, it is the landlord's duty to furnish a safe apartment to tenant.
Of course, there is mitigating ground, but I can't comment with just the little facts you gave us. For example, did the tenant do something to increase the CO level, say to block the exhaust from the gas hot water boiler? The fact that she has put two CO detectors will help the landlord's case to show that she has tried to fulfill her duty. This is either negate her liability, or reduce the damages. Another factor could be if CO poisoning happened in the same apartment, but she did not investigation or repair, but merely buy two CO detector. That will hurt her case.
Since it is all based on facts, I can only tell you that in general, she is liable, but there is always "wiggle room." She needs a lawyer.
These are my opinion and not to be used as legal advice. I am not a lawyer.
2007-12-21 09:37:11 · answer #2 · answered by Andy 4 · 1⤊ 0⤋
This is the law in the US:
8. Are you a Landlord? Have you been carrying out statutory checks? Even if you have, you may be liable if one of your tenants becomes ill or worse, dies. Fit a Detector for your own and your tenants' piece of mind. As a Landlord, you have to show Due Diligence. If you are found guilty of neglect you may be fined or even sent to prison. Could you live with the consequences for the rest of your life?
And here's an article about a death in Canada:
Landlord jailed for CO death
Christopher Woffenden, 33, a tenant of Mohammed Ola, died from Carbon Monoxide poisoning caused by a defective gas fire at a property in Batley. Ola, his landlord, who received a 15-month jail sentence at Leeds Crown Court, failed to have gas appliances at the house checked since he bought the property in 1996.
Judge Norman Jones described Ola's behaviour as "reckless" after he ignored warnings about the condition of the appliance which ultimately caused loss of life. The Judge said Ola was guilty of gross negligence, stating: "I am satisfied that you understood that warning, that it would cost money to do so and you therefore hid your head in the sand and did not do what you were required, to protect the safety of your tenants. It is to reflect your culpability for your wrongdoing, and I want it clearly known in cases that if death or injury ensues from landlords ignoring their responsibilities, custodial sentences will follow."
Mr Woffenden's brother Stephen said of the sentence: "Justice has been done and though it won't bring Chris back the sentence helps a little bit."
If the landlord is checking the detectors it is questionable. Where is the leak? Are they responsible for the appliance that is causing the problem? If not, that's another matter.
2007-12-21 09:34:20 · answer #3 · answered by lmmvirago 3 · 1⤊ 0⤋
It sort of depends. Because since the carbon monoxide detectors were working than it should've gone off which would make your friends get out of the house. But if it was caused because of maybe little or no maintenance than you probaly can sue. You can always consult a lawyer and ask them for free. But make sure you know the law first before you take action. hope this helps.
2007-12-21 09:33:02 · answer #4 · answered by Daniel T 3 · 1⤊ 0⤋
If whatever caused the poisoning came with the house, she can be held liable. If it was caused by something purchased, installed, and maintained by the occupants, she cannot be held liable. For instance, if the occupants purchased a gas stove, they are responsible for the proper care of that appliance and are at fault if it causes carbon monoxide poisoning.
2007-12-21 09:40:27 · answer #5 · answered by _I_love_warm_bananas_ 4 · 1⤊ 0⤋
I think there are a lot of people at blame for the problems you're having, and trying to sue one person isn't the answer. You need to talk (face-to-face if possible) to your landlord about your concerns and how upset you are. They need to make sure that you are safe. If they still don't do anything, you will actually have a case, but resolving issues out of court is the best and cheapest way to settle this.
2016-04-10 11:58:05 · answer #6 · answered by Anonymous · 0⤊ 0⤋
That's a tuff one. If the detectors didn't alert the tenants, then the detector maker could be help liable. If your friend is smart, they should contact a lawyer now to see what liability they may have.
2007-12-21 09:33:15 · answer #7 · answered by just me 6 · 1⤊ 0⤋
possibly because since the detectors didn't work there must be something wrong and thats the landlords fault but maybe no cause she at least installed it in and wasn't really her fault there was carbon monoxide although some of it is!good luck!
2007-12-21 09:32:01 · answer #8 · answered by ¸.•*´`*♥To0DaMnFaBuL0uS♥*´`*•.¸ 4 · 1⤊ 0⤋
As long as the detectors were maintained and installed as recommended, the homeowner probably will be considered to have taken care of their responsibility - but like another poster said - the manufacturer of the alarm may also be sued.
2007-12-21 09:38:40 · answer #9 · answered by justbeingher 7 · 1⤊ 0⤋
i guess she COULD be sued, but that doesn't mean that they will win. if she had working detectors in the home and no knowledge of CO2 problems, i don't think she can be held accountable for that, but you might want to check with an attorney
2007-12-21 09:31:30 · answer #10 · answered by Anonymous · 1⤊ 0⤋