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legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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I reside in an Apartment Community, where I moved in

Customer Question

My name is ***** ***** I reside in an Apartment Community, where I moved in November of 2016. When I moved in I complained to the Management Staff that there was an awful smell of gasoline in my Laundry room where they provided a washer and dryer. The dryer is a gas dryer. They on several instances sent over a maintenance worker to try to detect ther gas smell that I was complaining about. On more than 2 occasions the maintenance staff told me that they could not smell the gas nor detect that there was indeed a gas leak in the house. I have noticed this smell for more than 6 months while living here. I decided on yesterday to contact the Atlanta Gas Service Company because the smell had become unbearable, They came out yesterday and immediately detected the leak. They shut it off and tagged the dryer line. I have experienced several instances where when entering the room to do laundry, the smell makes my chest hurt. Two weeks ago, I had to have a procedure where I had 70% blockage in the main artery of my heart and had to have a Stent placed in my heart. My question to you is. Is it possible that I may have some tyope of law suit against this property, because I had reported this issue to them on several occasions and they did nothing to rectify the issue? Please advise, because my grandson also lives with me and has Asthma and has had to go to the emergency room on several occasions for his asthma, where he does not usually have flare ups like that. Is it also possible that the smell of the gas leaking could have triggered his attacks also?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Georgia
JA: Has anything been filed or reported?
Customer: With the Courts?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have only reported this issue to the Management Staff here and the Gas company
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 5 months ago.

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Expert:  legalgems replied 5 months ago.

Thank you for your patience.

Under the common law doctrine of negligence, a landlord (LL) can be liable for personal injuries suffered by a tenant when the LL knows or should have known of the defective/dangerous condition and fails to act. Negligence is defined as a failure to perform with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but may consist of omissions when there is some duty to act. This cause of action has 5 elements: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; harm caused by the negligent conduct; physical harm of actual damages; and proximate cause (reasonably foreseeable damages).

So one would need a medical provider to indicate that the noxious gas led to the health condition and then the court would be able to enter a personal injury judgment which can include:

1. medical costs

2. pain and suffering

3. punitive damages designed to punish defendant and deter others from such inaction.

A personal injury attorney will often take a case on contingency.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 5 months ago.
Thank you for your response. So you do recommend that I contact a personal injury attorney for further assistance?
Customer: replied 5 months ago.
I do not want to pay an additional $59 to talk with you. I feel that is too much to pay for a phone call. I can call an Attorney for free and get a free consultation. No thanks
Expert:  legalgems replied 5 months ago.

That is an autogenerated phone call as I'm not set up for phone calls at the time. One moment please as I review your prior response.

Expert:  legalgems replied 5 months ago.

Yes, a personal injury attorney would be able to help medically document and then file suit; please see below for the legal referral service:

https://www.gabar.org/forthepublic/findalawyer.cfm