Visitor Question

Health complications due to construction around our apartment…

Submitted By: Dan (Santa Clara, CA)

While living in our apartment, the landlord demolished and overhauled units surrounding us. The construction destroyed the environment with chemicals, dirt/dust, noise, and installation of four porto-potties near the entrance to our apartment.

There was so much stress from all the mess that I suffered a stroke in my right eye, and had a minor cardio infarction on the right side of my brain, plus respiratory infections. Many other actions added to the turmoil.

They evicted us, after living there for 23 years, and we were homeless for several days. We’re ok now in another place, where we are recovering from our injuries. Is there anything we can do? Can we sue the previous landlord for my injuries? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Dan,

While your circumstances are truly unfortunate, you are going to have a difficult time convincing the landlord your stroke was caused by his or her actions.

Moreover, to have any chance of being compensated, you will have to prove the landlord was negligent, and that negligence was the direct and proximate cause of your stroke. Once again, this will be a very difficult task.

To start with, you will need a medical opinion from a qualified doctor which directly links the negligence of the landlord to your stroke. Realistically, it will be nearly impossible to find a doctor who will support such a medical proposition.

In the very remote chance you can find a doctor who will support your position, you will likely have to file a lawsuit against the landlord. To do so will require the assistance of an attorney.

If you are convinced your stroke was directly and unequivically caused by the actions of the landlord, seek the advice and counsel of an experienced personal injury attorney. Most injury attorneys do not charge for initial consultations.

Gather copies of your medical bills, and bring them with you to the initial consultation. After reviewing your medical bills, and discussing the circumstances of your injury, the attorney will be in a better position to advise whether or not you have a viable case.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 12, 2014

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