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barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37100
Experience:  Attorney over 16 years, landlord 26 years
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A couple of weeks ago my first floor apt was flooded with

Customer Question

Hello. A couple of weeks ago my first floor apt was flooded with feces and urine from the 4 floors above us because a tree was stuck in an underground pipe. The assnt manager came in and cleaned overnight but a few days later I became very ill and ended up in the hospital for 3 days with Clostridium Difficile (c diff) which is transferred through contaminated feces. I don't have medical insurance at this time and am wondering if I have a case against the complex.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
If you incurred damages due to the apartment's landlord negligently failing to maintain their property, then yes, you can hold them liable for any compensatory damages that you have incurred and likely "pain and suffering" if you were experiencing severe discomfort or health issues related to this.
The landlord has a legal duty to provide a habitable dwelling that is safe and meets all local health and safety codes. Once the dwelling was contaminated, the landlord should have put everyone up in a local hotel while a professional company like Serve-Pro came in and completely cleaned and sanitized everything.
Apparently the landlord tried to save money by having the manager do a half hearted cleaning job, which then resulted in your illness.
So I don't see a situation where the landlord isn't responsible for your damages..
With that said, if you aren't able to settle the matter with the landlord for any damages you have incurred, you might want to make your next call to a local personal injury attorney to discuss what damages you could sue for..
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...