Legal Question in Personal Injury in Nevada
My elderly parents live in an apartment complex in Las Vegas, NV. In the past year, their apartment filled with gas on two separate occassions (approx 6 months apart) due to a faulty stove. The fire deparment and gas company were called both times, the building was evacuated, etc. It was not until this most recent occurrence that the fire department determined a stove knob was not shutting off the gas even when the knob was in the closed position. After the first incident, the apartment maintenance crew checked out the stove and said there was nothing wrong with it. During this time (actually for over a year) my parents were both ill for no apparent reason, and sleeping excessively. My father repeatedly complained to the apartment management that the gas stove was leaking, but they never bothered to check it out. In both instances when the fire department was called they were accused by the apartment manager of leaving the stove on to cause the gas to fill the apartment. They had to evacuate for a period of time at their own cost. It was not until the fire chief intervened on their behalf and spoke to the apartment management about the broken stove that anything was done to remedy the situation. They could have been killed. Do they have any legal recourse, i.e. can they sue for any type of damages?
1 Answer from Attorneys
They can sue for their medical damages (including pain and suffering) but not for "could have been killed." If there is medical documentation, e.g., doctor visits with complaints of excessive tiredness, and their doctor will relate these problems to inhaling gas, there is a case.