Legal Question in Personal Injury in California
personal injury
Within a week of moving into my apartment I began getting severe headaches, muscle pain, and vomiting. I visited several doctors and could not resolve the issue. I got so sick I began staying with my mom and immediately got better. I realized it was something in my apartment. I spoke with the property manager and regional manager who determined it was dirt blowing from my air ducting. The management cleaned my air ducts, I cleaned all my couches and bedding and within a month had no symptons. I feel the complex should pay my medical bills, two weeks rent that I was out of the apartment, and missed work, possible pain and suffering. They do not feel they do and will not respond to my certified letters asking for compensantion. Do you beleive I a right to sue in small claims court? Without pain and suffering I am out about $3,500.
2 Answers from Attorneys
Re: personal injury
You have the right, but you'll have to prove that the management had knowledge of the problem and an opportunity to correct it before you moved in. You'll want to contact the preceding tenant to see if that tenant had a problem and reported it.
Re: personal injury
An alternative argument regarding the owner's notice is that he "should have known"-- in other words, that through the reasonable inspection and maintenance of his property, he would have discovered and corrected the problem.
Such a gross accumulation of filth in the air ducts is highly unusual and in itself could be evidence of negligence. The technical term is "res ipsa loquitor" (Latin for "it speaks for itself"). In court, you would just have to prove two things: a) the ducts would ordinarily not be in that condition without someone being negligent; and b) the apartment owner had exclusive control of the condition of the airducts.
As to what court to sue in? With only $500 in economic damages, it's a small claims case.
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