Legal Question in Landlord & Tenant Law in Pennsylvania
can I sue my landlord for negligence? My one year daugther ingested rat poison.She wasn't injuried, However i told him not to put the poison down because i was moving and i didn't what to take a chance with her being in the unit.
1 Answer from Attorneys
You can always sue, but what can you recover? Horrible situation, I agree, but a negligence case in Pennsylvania has four requirements:
(1) A duty one has to another;
(2) A breach of that duty;
(3) That breach directly causes something bad to happen to the other; and
(4) the other person suffers damage.
In your case, your child was not injured (thankfully!). As a result, I don't believe you will be able to prove the fourth element of a negligence case - i.e., damages. Best of luck to you in your situation.
Cary B. Hall, Esquire
Law Offices of Cary B. Hall, L.L.C.
121 East Chestnut Street, Suite 205
Souderton, PA 18964
T: (267) 663-9995
F: (215) 525-4364
http://www.carybhall.com
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