Legal Question in Personal Injury in California
Is it illegal to purposely poison a person who has allergies to dog dander by intentionally purchasing a dog and bringing it into a household knowing that your roommate is allergic?
Hi, I am wondering if it is illegal to purposely purchase a dog and bring it into a household, knowing that your roommate is allergic to dog dander with intent to poison your living mate so they will move out?
Long Story Short:
While I was away for the Holidays, I learned that my roommate, knowing that I was allergic to Dog dander, purchased a 2nd dog without asking me.
In my opinion she is purposely poisoning me, trying to get me to move out of the house so that way she does not have to. Is that legal?
Here�s the situation: A couple months ago my friend and her dog were being evicted from their apartment, because the landlord made a rule that �no dogs� were allowed on the property. Of course, I felt bad for her. I allowed �my friend� and her dog to move into the house I was renting. We found a 3rd new roommate. The 3 of us signed a brand new lease together. I have been living in the house since June and they moved in November.
Within the very first week I realized that I was allergic to my friends dog, and told her the unfortunate news. I told her that our living situation was most likely not going to work out, because I was having severe allergies to her dog and that in the meantime we needed to try to find a solution to make it work. My roommate�s exact response was �If I have to move out then I am going to be a really angry bitch.� Repeating herself over and over that she would turn into a very �angry bitch�.
For the past 2 months I have been unable to live in my house because of my horrible allergic reactions to the dog.
While I was away for the Holidays, I learned (through Facebook) that my roommate, knowing that I was allergic to dogs, purchased a 2nd puppy without asking me. Now she has 2 dogs in the house that I am allergic to.
In my opinion - by buying another dog, she is intentionally poisoning me, trying to get me to move out of the house so that way she does not have to.
Is that legal?
Note: The house I am currently renting is prime real estate, right on the beach. It�s nearly impossible to find such a great rental property, never mind one that allows dogs.
Side Note: Although the 3 of us signed a new lease together, the roommate with the dog still has not paid her portion of the deposit that I paid in full to the landlord.
2 Answers from Attorneys
Yes. It is a tortious act to: purposely take advantage of the weaknesses of a person who has allergies to dog dander by intentionally purchasing a dog and bringing it into a household knowing that your roommate is allergic!
This is like putting peanuts in the food knowing a person suffers peanut allergies except in that example, death could occur.
This is a tort calling for a cause of action on your part. Because they KNEW your allergies, this is an intentional tort. You could sue for punitive damages probably.
You might want to look at battery and intentional infliction of emotional distress. In addition, if you are forced to move as a result, this might be a constructive eviction. If you must move, and a similar rental in the area is more expensive, she might be liable for the difference in rate. Finally, if you are forced to move, she might also be found to be liable for your share of the balance of your lease. Before you do anything however, you must ask yourself, are there witnesses who would be willing do testify on your behalf, and is she solvent? Please note that I do not normally practice the above areas of law and that the above are merely my opinions. Good luck.
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