Legal Question in Landlord & Tenant Law in New York
Miscarriage due to landlord's negligence
I had a heater problem and tried very hard to let the apartment superintend and the manager to get it fixed. However, the problem lasted for about two weeks. I was pregnant for about a month during that period. After the situation kept unchanged for a week, I got very emotional while talking to the superintendant. I had a miscarriage the next day. I believe this miscarriage was due to the heating problem and the unresonable delay of the repairing work. My question is: can I sue the landlord for their negligence? Thanks a lot.
2 Answers from Attorneys
Re: Miscarriage due to landlord's negligence
While its possible that you could have a viable claim, in order to prevail it will be necessary to find a doctor who would be willing to testify that your miscarriage was a direct result of the extended lack of heat. That might prove difficult.
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Re: Miscarriage due to landlord's negligence
My sympathies on your loss. I know this is a traumatic event and my best wishes that you have a successful pregancy soon.
As I lawyer, I am cheered by your desire to seek legal redress for every event. While you have a textbook case in theory, there is a 'proof' or 'causation' problem. You must link up with evidence the miscarriage and the behavior of the building management.
The testimony of a physician that the stress directly caused the miscarriage would be required.
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