What is a landlord’s liability if I became ill due to fumes from repair work to my apartment?
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What is a landlord’s liability if I became ill due to fumes from repair work to my apartment?
I recently moved 1 unit upstairs from my previous apartment. While fixing up my old apartment a glaze to refinish a sink was used. The day that was used I became sick that night from vapors requiring an ER trip. Is my landlord liable for that bill since his crew laid down the glaze and paint and turpentine?
Asked on January 30, 2012 under Real Estate Law, Missouri
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
An employer is liable for the negligence of his/her employees which occurred within the course and scope of their employment. Your landlord is liable for the negligence of his employees in applying the glaze, paint and turpentine.
Prior to filing a lawsuit against your landlord, obtain your medical bills, medical reports and documentation of any wage loss after you complete your medical treatment and are released by the doctor. File your personal injury claim with your landlord's insurance carrier. Your personal injury claim will include the medical bills, medical reports and documentation of any wage loss. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. If the case is settled with the landlord's insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the landlord's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the landlord. If the case is NOT settled with the landlord's insurance carrier, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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