Legal Question in Personal Injury in California

How do I figure damages for noise

I signed a l year lease for a apartment and 6 months into the lease the owner changed a waterheater that serviced 35 apts.. The waterheater is in a serviceroom next to my apt.strapped to my livingroom wall.The new waterheater raised the decibel level to a unexceptable level that runs 24/7 off 5-10 minutes than on for 10-20 or more minutes.The owner does not see it as a problem.My rent is $1075.00 a month and never late.I would like to know how to explain why I want $5000.00 in damages?I suffer quite abit with the annoyance finding it hard to stay focused at times and trouble sleepingsleep meds. but take sleeping aids fromover the counter.

So I would like to know what basis the damages fall under ,how to put a price on ruinig my home life and not letting me move .Local and state gov.say noise codes don't apply because they came into effect after the building was built.Yet for today standards indoor levels are not exceed 35 dbl at night and 45dbl during day ,I live with 51dbl 24/7 . That's all at whats called A-weight,low frequencey is called C-weight and my levels are way over the top low vibration felt everywhere.


Asked on 1/21/02, 9:13 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: How do I figure damages for noise

damages are whatever you can sell. some lawyers find it easier to argue a figure for daily damages, say $50 or $100 an day. that sounds reasonable and then when you multiply the number of days it really adds up.

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Answered on 1/21/02, 7:48 pm


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