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.
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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.