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we lived in a rental house for 3 years, and the kids were constantly…

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we lived in a rental...
we lived in a rental house for 3 years, and the kids were constantly sick with asthma. My daughter had to be taken to emergency several times and even ended up in itensive care once. We moved out 08/2009. Now we found out, that there was a meth lab in that house before we moved in. The landlord never mentioned that to us. What are my options?
Thank you
Submitted: 8 years ago.Category: Legal
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Answered in 5 minutes by:
6/25/2010
Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Thank you for your question.

And you are suspecting that the fumes left over from the lab were possibly poisoning your children?
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Customer reply replied 8 years ago
yes. my boy (13 at that time) was the first showing symptomes. Couldn't breathe in the house. Outside it got better, but now it is almost cronic. My daughter (26) also, had no history of asthma and became sick. She ended up in intensive care with asthma. The last was the 8 year old that got his first athma attack in the summer of 2009
Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
Thank you for your patience.

First the good news--I checked Minnesota statutes and they provide for up to 6 years of claims in a situation of a negligent personal injury claim. So you do have a possible claim against the landlord. To make sure that this case becomes legitimate, consider speaking with a personal injury attorney, tell him or her of your fears and that you suspect the meth lab was responsible, and have him possibly get you over to a medical doctor to find that link.

Second, the not so good news--the landlord had no duty to disclose that a meth lab was there if he was not aware of any property damage or health conditions. You can still claim that he had a duty to inform, but without overt issues there is no rider or demand that the landlord provide information of that type about the property.

Third, the direct link may be hard to establish but not impossible--for that you will need formal or medical evidence, as asthma can arise from a variety of causes.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 6/25/2010 at 6:48 PM EST
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