Legal Question in Civil Litigation in Florida

infestation

I had signed a lease for an apt after moving my stuff in I later realized the place was heavily infested w/roaches. I was so traumatized and shaken by the experience that I am now seeking a doctors help 6 months after because I feel like I'm walking around in a state of shock. They let me break the lease. Can I sue?


Asked on 3/07/09, 11:03 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: infestation

If the doctor gives you a diagnosis of PTSS or some other recognizable mental disease, the doctor can relate the disease to the infestation, and you've suffered some physical manifestation from the exposure, you can sue for negligence.

But the case sounds--to me at least--pretty darn weak. You can check with other lawyers, but do you really think a jury will give you money because you're freaked out over roaches? I'm sure it was bad, but we live in Florida, where you just have to put up with roaches, and sometimes you have to put up with a lot of roaches. And they did let you out of the lease. Contrary to popular belief, you can't just sue for anything.

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Answered on 3/08/09, 2:09 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: infestation

perhaps, but Florida generally requires a physical impact before you can recover for purely emotional damage. You would have an extremely tough case in any event, and bringing the case itself could have psycological consequences for which you may not recover.

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Answered on 3/08/09, 6:33 pm


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