Legal Question in Landlord & Tenant Law in Louisiana

In December, I encountered plumbing problems in my apartment. I notified my office and three days later only after a second notification did someone come in to see why my comode was overflowing. The maintenance man came by and asked If I had flushed a foreign object downt he toilet and I let him know I am well aware of what can and cannot go down the toilet. A plumber was called; he attempted to use a snake to unclog the toilet and was unsuccessful. He left saying that the maintenance man would have to come In and turn the comode over. I did not understand why the plumber could not do it and was educated by the maintenance man that the plumber will not do what he was capable of doing. He had to leave so he asked if I could wait I until the next day I let him know that I could not (due to feminine issues). The plumber came back approximately 2 hours later and supposedly found a large paper clip in my comode and now I have gotten slapped with a $135 bill. My manager said it was because of my own negligence; I am 22 years old and WOULD NOT and DID NOT flush a paper clip down my toilet. I wrote a letter to the property management and the response I received was a merely "too bad, so sad, pay up". My manager is threatening to evict me and I am not at fault for this issue. I am going to write a check without submission to ANYTHING, I just do not want to get evicted for something so irrational. Is this the right thing to do? What should I do? Thanks for your help!


Asked on 3/23/10, 10:42 am

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

Unfortunately, you don't have much of an argument. The commode is in your home and under your care, custody, and control. If it is clogged, you are responsible. Whether you did it or someone you let use your commode did it, you are responsible.

There is a theory in law called "Res Ipsa Loquitur". It is latin for "the thing speaks for itself". Basically, in this situation, the theory would support a finding that paper clips don't put themselves in drains, so whomever has care, custody, or control of the comode would be presumably responsible for the clog.

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Answered on 3/28/10, 11:28 am


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