Legal Question in Personal Injury in California

My landlord caused me colon and digestive tract problems

I lived at an RV park from April 2004 to November 2005. From the last year I was there, the landlord had the restroom facilities and laundry facility closed to tenants. She also stopped paying the water, power, and cable bills for the park resulting in the cable and power getting shut off.

Anyhow, because of the fact that my RV's toilet isn't working, and I haven't been able to afford repairs, I was using the Park facility for showers, doing my dishes, and toilet ''duty''. Once the bathroom were no longer accessible, I began forming neighborly relationships with the other tenants. Many of which were potty-less too. That left the closest place to use the lavatory was the market 1 mile down the road. And, on some occasions, there was already someone in the market bathroom ( the ONLY 1). Many times I had to drive the 8 miles into town from the park before I could do my ''morning duties''.

A while ago, I began noticing the I had more ''close calls'' than before and has progressed to how I am now. I have to sit on the toilet and play a hand held game or read until my bowels are finally relieved. Can I file action against my landlord's illegal business practice for help with my medical fees or for general principle for hardship?


Asked on 4/10/06, 4:35 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: My landlord caused me colon and digestive tract problems

First, it depends what your space agreement stated with regard to the amenities the landlord was to provide. If the landlord breached the lease, you can sue for the diminished value.

Second, you could allege negligence if it was known that you had no toilet facilities and relied upon those of the trailer park and suffered injury or harm as a result.

The most difficult issue, though, is linking the landlord's conduct to your present situation. You would have to hire a doctor who would testify that it is a reasonable medical probability that they're linked, and explain to the trier of fact (judge or jury) how the doctor reaches that conclusion.

In the meantime, you might want to seek medical intervention (or use some over-the-counter products) to assist you in getting your body back into a "normal" routine. Good luck to you.

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Answered on 4/12/06, 11:41 pm


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