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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32323
Experience:  Began practicing law in 1992
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I have a small claims court case this coming Thursday. I had

Customer Question

I have a small claims court case this coming Thursday. I had fire in my kitchen last November. Management has had 40 HPD VIOLATIONS filed onset Sept. 2010 whereby an apartment over me activated its sprinkler and repairs were NEVER made. I DID my due diligence w/Housing Court etc. One of the violations is that my apartment does NOT have a smoke detector. When the fire broke-out in the kitchen I was in the back bedroom closet. once the sprinklers set off and it got pitch black I wound up in a dangerous situation. In addition to being mobility handicap it was difficult exiting. My relationship w/management has been more than strained since 09/2010 when I took them to court for all the water damages my personal property incurred.
With this current case I do have receipts that replace kitchen lose....ie, food,all small appliances that no longer worked due to the water damage..... However....B IG QUESTION ....I went 44 days without a stove. Whereby fire marshal/con ed returned that n
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

It looks like your facts were cut off. Is there a specific question with which I could assist?

Customer: replied 1 year ago.
I urgently need to have HARDCOPY that validates the amount a person would legally be allowed daily for MEALS (breakfast, lunch and dinner) under circumstances beyond their control. Whereby management is liable for the fire in my apartment due the fact one of the 40 HPD violations is NO SMOKE DETECTOR. And, being handicap I panicked and had great difficulity exiting. The site manager looked me in the eye and said "I WISH YOU HAD BURNED UP AND DIED IN THE FU..KING FIRE". I was in such a state of shock I couldn't even respond!!!
I need the data to verify the amount per day for food. I did not have a stove for 44 days!!!
Expert:  Dwayne B. replied 1 year ago.

There's not a specific amount set by law that you would be "allowed for food".

If you had an insurance policy they could have a per diem which they would pay, but under the law you are entitled to recover your reasonable and necessary damages.

In a case like yours this is usually done by saving the receipts for the meals which you ate and then presenting them to the judge who would make the decision on whether the amount was reasonable.

If you don't have all of the receipts then you can take what you do have, get an average of those and explain tot he judge the remainder of the receipts were lost but ask him for the average of the ones you do have for each of the days your kitchen was disabled.

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