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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100602
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can I sue my apartment complex for negligence because my granddaughter

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Can I sue my apartment complex for negligence because my granddaughter had an allergic reaction to a food and 911 had to be called. Ambulance couldn't get access through immediate door because it was chained. We were not aware of chain on door. The had been broken for three days. I had to send a family down a hallway through another door to flag down the ambulance who was about to leave to get help. It caused delay in getting her stabilized. Also, the chain remained on the door for 20 more days after the incident until I called the fire department. The management was cited for a fire hazard and told to take the chain of the door because the door was below an exit sign. The incident caused emotional and physical stress to me and my granddaughter because I am a senior with disabilities.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am sorry for your granddaughter's situation. Can you please tell me what state this was in?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

We live in state of Georgia

Thank you.

The answer is yes, this may be a case. The suit can possibly be for negligence per se.

In a negligence per se action, a Plaintiff injured as a result of the Defendant's non-compliance with a law can seek relief from the Defendant for these damages. Central Anesthesia Assoc. v. Worthy, 333 SE 2d 829 - Ga: Supreme Court 1985 (general discussion).

Here, arguably, negligence per se applies in that she was injured by the ambulance's inability to get through due to the landlord's wrongful action of having a chain on the gate, against the local rules.

Of course, she would have to prove that this delay caused her further injury. This is important.

May I recommend the GA Bar referral programs - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Good luck.

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Customer: replied 3 years ago.

I wanted to make sure you understood that it was a security door not a gate. We do not a gate on the property. When you say I have to prove further injury what do you mean?

Hello,

Thank you for your follow up. While I wrote "gate," I meant door, and the same applies.

" The management was cited for a fire hazard and told to take the chain of the door because the door was below an exit sign. " - this shows that they were not following the rules, and by not doing so, have caused injury to your granddaughter, arguably.

When you say I have to prove further injury what do you mean?

I meant that it would need to be shown that the extra time that it took for the ambulance to get to her due to the door being chained exasperated her condition and injury and added to her pain and suffering then and there and/or after the fact in recovery.

I hope this helps and clarifies.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.
Customer: replied 3 years ago.

Okay. I understand. One more question. Can the violation of the rule be looked at a breach of contract between the tenant and landlord because it is the lease for the property provide safe place for tenants and repair aand maintain property. Is that not negligence?

Can the violation of the rule be looked at a breach of contract between the tenant and landlord because it is the lease for the property provide safe place for tenants and repair aand maintain property. Is that not negligence?

Not quite. “To recover the breach of a contract, a party must establish the following elements: ‘1) the existence of a valid and enforceable contract; (2) performance by the plaintiff; (3) breach of contract by the defendant; and (4) resultant injury to the plaintiff. Budget Rent-A-Car of Atlanta, Inc. v. Webb, 220 Ga.App. 278, 279, 469 S.E.2d 712, 713 (Ga.App. 1996) (general discussion).

This is not the case here.

But it is a case of negligence per se as described above, and may be sought relief for.

To sue in state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court. You only need one to sue (but you can have more). Here, this is arguably NEGLIGENCE PER SE.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.
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