Legal Question in Personal Injury in Utah
Asbestos exposure from landlord
My sister's landlord removed a ''popcorn'' ceiling in her apartment without following state mandated guidelines. My sister and parents slept there one night before calling state health officials and finding out the apartment is contaminated. The landlord is cleaning the apartment and replacing contaminated items, but my sister has missed work for most of 3 weeks, suffered an asthma attack from the dust and particulates in the apartment resulting in a trip to an immediate care facility and had to pay for a hotel room while the process continues to drag on.
We are all appalled at the situation, but there doesn't seem to be a lot we can do. Friends have told her to sue, but I am not sure what her case would be and attorneys are expensive. She is angry they are treating her so poorly, but you can't sue someone because they are mean to you.
I am sure the landlord is facing criminal charges, but what are her options, if any, in a civil case if the landlord agrees to compensate her for her losses?
1 Answer from Attorneys
Re: Asbestos exposure from landlord
If the landlord knew or should have known that there was asbestos in the apartment, and did not warn your sister, the landlord can be held liable for her injuries, lost work, and possible other compensation. It is likely that an attorney would take the case on contingency, meaning that the attorney would not charge her up front, but would share in any amount which he was able to recover for her. She should talk to an attorney - not only to protect herself, but to stop the landlord from treating other people this way.
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