Unsafe Living Conditions Lawsuit

Summary

Charles is dealing with unsafe living conditions and a defective wheelchair. He has reported issues to his landlord and the wheelchair company but has received inadequate responses. In Georgia, landlords must maintain habitable premises, and product liability laws may apply to defective products. Charles should document all interactions and consider consulting a local attorney specializing in landlord-tenant law and product liability for personalized legal advice.

Full Conversation

I'm in need of a lot of help. One is on a broken wheel chair and the other is on a landlord that can't fix things to make it safe for me.
What state are you currently residing in, ****? This will help me provide you with the most accurate information.
Georgia
What specific issues are you facing with your landlord?
Not fixing the things that are leaking in the apartment and only a one escape for me to get out in an emergency bork windows. I have also fallen in the tube several times and I had to get the stuff to make it less slippery
Have you notified your landlord about these issues in writing? In Georgia, landlords are required to maintain safe and habitable premises.
In email I think my wife did. If not we do have a phone log where my wife has called even today and the window is according to him is still on order. That has been that way for a year or so.
What is the nature of the issue with the wheelchair?

In Georgia, landlords must:
- Make repairs to keep the property habitable.
- Maintain all electrical, plumbing, sanitary, heating, ventilating, and other facilities.
It is broke so bad that I fixing to fail out of it. The seat and back on the left are broken so bad that I can set in it and lean back and the whole set on the right side comes up and feels like I'm going to fall out of it. In the past I have cut my foot so bad that it has toke me almost a year to get it healed. I'm disabled and I heal slow.
Have you contacted the wheelchair manufacturer or your insurance provider about the issue? In Georgia, product liability laws may apply if a product is defective and causes injury.
Yes and form the first time I got it to now it has needed repairs and now that this is going on they say it is early to replace it because the five years limit is not over and they say that can't doing anything about it. It is a battle between the insurance company and national seating mobility to see who is doing what.
Have you documented the issues with the wheelchair and the injuries it has caused? This could be crucial for a potential product liability claim.
Yes have photos I think. The national seating mobility have all of the repairs that have been done.
What steps have you taken so far to address these issues with your landlord and the wheelchair company?
I have talked to them both many times but nothing is going on. Had a replacement chair coming but somewhere along the line they lose a piece of this and a piece of that.
Have you considered seeking legal representation to help you address these issues?
Yes but everyone says that it anit
What specific reasons have they given for not taking your case?
They say it ant worth it. All I get is a new chair and they don't get anything.
What type of lease agreement do you have with your landlord? This can affect your rights and obligations. In Georgia, landlords are required to keep rental properties in safe and habitable condition.
What do you mean?
By "type of lease agreement", I mean is it a month-to-month lease, a fixed-term lease, or something else? This can affect your rights and obligations.
Month to month.
Have you considered reporting your landlord to the local housing authority for failing to maintain a safe and habitable living environment?
No because I don't have the backing with me.
What do you mean by "backing"? Are you referring to legal support or evidence of the issues you're facing with your landlord?
Leagl
By "legal backing", do you mean you're looking for legal representation or advice on how to proceed with your landlord issue?
Legal backing for landlord and my chair.
What specific actions or repairs do you expect from your landlord to make your living conditions safe and habitable?
This is an old building and he says he order buck we never get it. It took me a year just to get the ramp to my apartment. I still don't have a second exit. With this conversation if he knows that I have leagl backing he will put me and my family back on the streets again. I spent almost a year and a half on the streets I don't won't to go there again.
Have you considered contacting Georgia Legal Aid or a local tenant's rights organization for assistance? They may be able to provide you with free or low-cost legal advice.
I think we contacted them awhile back and they said that it wouldn't be worth it. Now all this said are you able to help me.
I think we contacted them awhile back and they said that it wouldn't be worth it. Now all this information I given you are you going to be able to help me?
What specific help are you seeking from us? We can provide general legal information and guide you to the appropriate resources.
To sue them both.
What evidence do you have to support your claims against both your landlord and the wheelchair company?
All the records for the numerous tickets that I might be able to get but they probably won't give me and as far as landlord all you have to walk in my apart. I do have exterminator record from where I had bed bugs and paid as of now almost ,$*.
Have you reported these issues to your local health department or housing authority? In Georgia, tenants can report unsafe living conditions to these agencies.
I'm in a hud apartment it is the housing authority that I'm talking about.
What actions has the housing authority taken regarding your complaints?
None
What steps have you taken to address the issues with your wheelchair?
For the past year trying to get it resolved.
What actions have the wheelchair company and your insurance provider taken in response to your complaints?
They keep saying well it is your fault no it is your fault. Like playing tennis.
What evidence do you have to support your claim that the wheelchair's malfunction is not due to your fault?
Me and the broke wheelchair and all the repair bills that are on it that you might be able to get better than me. I still have the replacement wheels that they didn't put on the first time I had to have it replaced
Have you reported the wheelchair issue to any consumer protection agency or filed a complaint with the Better Business Bureau?
Yes better business bureau.
What was the response from the Better Business Bureau regarding your complaint?
I can't remember it was so long ago and we have been fighting with them for all this time.
What was the outcome of your complaint with the Better Business Bureau? Did they provide any resolution or guidance?
No nothing. Are you going to be able to help me. I have answered all of your questions more than once.
What is the name of the court nearest to you in Georgia? This information will help me provide you with their contact details.
Madison County Magistrate
What is the nature of your disability? This information can help determine if you qualify for certain protections under the Americans with Disabilities Act.
Total disabled.
What specific actions or repairs do you expect from the wheelchair company to resolve your issue?
I would like to sue then to if possible. I need my chair to get around when I go to the doctor. If I could get it fixed and let me know what it is worth. You let me know.
What is the make and model of your wheelchair? This information can help determine if there have been similar issues with this particular model.
Quantum hd model can't find it right now but took a couple of pictures of some broke parts to the chair.
What is the name of the insurance company and the wheelchair manufacturer?
My insurance is Aetna and manufacture is Quantum.
What steps have you taken to address the issue with Aetna and Quantum regarding your wheelchair?
As stated before I am playing tennis with them. On says they need one piece of paper and the other one has it and the other one has it.
What specific document are they asking for and who is supposed to provide it?
All the things that are wrong with me and my on insurance sent me a denial letter stating that my condition hasn't progressed.
What specific reasons did your insurance company provide in their denial letter for not covering the wheelchair repairs or replacement?
As stated just now that my condition hasn't progressed further.
What specific medical documentation or evidence do you have to counter your insurance company's claim that your condition hasn't progressed?
All the doctors visits wound care that has been on going for awhile. Matter of fact I'm scheduled for surgery tomorrow for the veins in my legs and all the scares on my legs. Not to mention the loss of part of my toe on my right foot and all of my pills. How much more. I have answered your question but you haven't answered mine.
What is the specific question you would like me to answer, ****?
Are you going to help me or is this all a slip in the face and told it wasn't worth it.
What specific legal assistance are you seeking from us? We can provide general legal information and guide you to the appropriate resources.
To be able to sue them and get what I deserve.
What specific damages or compensation are you seeking from your landlord and the wheelchair company?

In Georgia, tenants can sue landlords for failure to maintain habitable premises. Similarly, product liability laws may apply for your wheelchair issue.
You tell me what you think it is worth.
What are the specific injuries or damages you've suffered due to your landlord's negligence and the wheelchair malfunction?
Slipping in shower one exit only broken window a lot of dirt in the floor even after mopping it.
What injuries have you sustained due to these conditions? In Georgia, tenants can sue landlords for damages resulting from negligence, such as medical bills, pain and suffering, and loss of enjoyment of life.
As just stated before I fell in the shower and hurt both my knees arm back all this happen more than once.
What medical treatments have you received for these injuries and do you have the medical records documenting them?
Bump and bruises can't remember if I still have the papers or not. But I still have the bad knees .
What steps have you taken to address these injuries and have you reported these incidents to your landlord?
I am still waiting for knee surgery for the repair them
What is the current status of your knee surgery and have you informed your landlord about this injury caused due to the apartment's condition?
Have to wait for the veins surgeries to be done first so I can go for the knees.
What is the current status of your vein surgeries?
As stated above first on is tomorrow. The next on I don't know when it will be.
What is the name and contact information of your landlord and the wheelchair company? This will help in drafting a formal complaint or legal notice.
Landlord is danielsville housing authority * * *
What is the name and contact information of the wheelchair company?
National seating and mobility is the wheelchair company their number is *-*-*
What is the specific issue with the wheelchair that needs to be fixed or replaced?
The whole chair needs to be replaced. There is no particular issue. There is so much wrong with the chair that national seating and mobility and Quantum have both said that it would be better to just replace the chair.
What is the response of your insurance company, Aetna, regarding the replacement of the wheelchair?
That they have not received anything showing that the repairs to the chair would be more expensive than replacing the chair
Have you provided Aetna with an estimate of the repair costs compared to the cost of a new wheelchair?
National seating and mobility is supposed to have already did that when they sent all the paperwork in.
What was Aetna's response after receiving the paperwork from National Seating and Mobility?
What I stated earlier. How many more questions do I need to answer as I seem to be answering the same questions.
What was the response from Aetna after receiving the paperwork from National Seating and Mobility regarding the cost comparison between repairing and replacing the wheelchair?
If NSM actually sent in the paperwork, which I have no proof that they did, they stayed that they have no proof that the repairs are not as expensive as replacement
Have you requested a copy of the paperwork that National Seating and Mobility sent to Aetna? This could be crucial in understanding the details of your case.
No I have not.
Have you considered filing a complaint with Georgia's Department of Community Health, which oversees the state's healthcare facilities and services, about your wheelchair issue?
No, I have never heard of them.
Have you considered contacting the Georgia Department of Law's Consumer Protection Division regarding your issues with the wheelchair company and your landlord? They might be able to assist you.
No
What is the nature of your lease agreement with your landlord? In Georgia, landlords are required to maintain safe and habitable premises. If you have a written lease, it may contain specific provisions about maintenance and repairs.
What do you mean by nature of the lease?
By "nature of the lease", I mean is it a month-to-month lease, a fixed-term lease, or something else? This can affect your rights and obligations.
It is a yearly lease
What actions have you taken since the lease agreement to address the issues with your landlord? In Georgia, tenants have the right to safe and habitable housing and can take legal action if this is not provided.
We have notified him of issues in the apartment. Normally by text so we have a record. But that is all we have done.
What specific issues have you notified your landlord about and what was their response? In Georgia, landlords are legally required to make necessary repairs to ensure the property is safe and habitable.
We have notified them of anything that needed to be repaired in the apartment or any damage to the apartment. Either by text or in person. Normally the response is slow or not at all.
What specific repairs are needed in your apartment to make it safe and habitable?

In Georgia, landlords are legally required to:
- Keep the premises in repair.
- Maintain the structural components of the building.
- Comply with applicable building and housing codes.
Currently need tub to stop dripping, makes the tub slick, and toilet from running, back door light not working, window cracked in one of the bedroom but they have put a piece of wood in it and need another exit for my wheelchair.
Have you reported these issues to the Georgia Department of Community Affairs or any other local housing authority?
No, wasn't aware we could. Have never lived in housing before so not aware of our rights
What is the name and contact information of your local housing authority? In Georgia, tenants have the right to report unsafe living conditions to their local housing authority.
Danielsville housing authority
What actions has the Danielsville Housing Authority taken regarding your complaints?
Absolutely nothing, they are the ones that oversee our apartment
What specific actions or repairs have you requested from the Danielsville Housing Authority to address the issues in your apartment?
Our toilet, window, vent in bathroom, back door light. Also other issues but I can't think of them.
What actions has the Danielsville Housing Authority taken after you reported these issues?

In Georgia, landlords are required to:
- Maintain the property in a safe and habitable condition.
- Make necessary repairs.
- Comply with local housing codes.

Madison County Magistrate Court: * Albany Ave, Danielsville, GA *, Phone: (*) *-*.
After months they may do repairs on things but we have been waiting for over a year and a half for them to replace the window.
Have you considered taking legal action against your landlord for failing to make necessary repairs? In Georgia, tenants can sue landlords for failure to maintain habitable premises.
Yes. But worried about retaliation
What specific form of retaliation are you worried about from your landlord?

In Georgia, it's illegal for landlords to retaliate against tenants who exercise their legal rights.
One of the employees always mentions to us when she comes out her that we should be thankful that we have this place as we were homeless prior to living here. I take that as a subtle threat.
What specific actions or comments from the employee make you feel threatened?
That by saying we were homeless prior to being here that if we don't do as she says we will be homeless again
What actions or demands is the employee making that you feel uncomfortable with?

In Georgia, it's illegal for landlords to retaliate against tenants who exercise their legal rights. This includes threats of eviction for reporting unsafe living conditions.
When she says that we should be thankful as we were homeless before coming here and we don't want to be homeless again. Makes me uncomfortable and I feel threatened.
Have you documented these interactions with the employee? It's important to keep a record of such incidents. In Georgia, retaliation by landlords is illegal.
No we haven't but will be recording her the next time she comes out here.
What is the name of the employee who has been making these comments? It's important to have this information if you decide to take legal action or file a complaint.
Only know her first name. Linda
What is Linda's role at the Danielsville Housing Authority?
Not sure her official title, but she helps with the leases and does the inspections
What specific issues have you reported to Linda and what was her response?

In Georgia, landlords are required to:
- Maintain the property in a safe and habitable condition.
- Make necessary repairs.
- Comply with local housing codes.

Madison County Magistrate Court: * Albany Ave, Danielsville, GA *, Phone: (*) *-*.
She is not the director. So any issue at the apartment I would not report to her.
Who is the director or the person in charge that you report these issues to?
Randall is the director
What specific issues have you reported to Randall, the director, and what was his response?
Every issue was reported to him and the responses were slow.
What specific actions or repairs have you requested from Randall, the director of Danielsville Housing Authority, to address the issues in your apartment?
The window, toilet, tub, light oh even the ac at one time
What actions has Randall taken in response to your requests for repairs?

In Georgia, landlords are required to:
- Maintain the property in a safe and habitable condition.
- Make necessary repairs.
- Comply with local housing codes.

Madison County Magistrate Court: * Albany Ave, Danielsville, GA *, Phone: (*) *-*.
Actions were slow, sometimes excuses were made as to why. Still waiting on things to be fixed.
What specific excuses or reasons has Randall given for the delay in making the necessary repairs?
Maintenance is overworked, glass has been ordered, thought it was fixed
What actions have you taken in response to these delays and excuses from Randall?

In Georgia, tenants have the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater.
Just constantly reporting to him or maintenance to remind them about the repairs
What specific actions or repairs do you expect from your landlord to make your living conditions safe and habitable?
Fix all repairs that have been stated earlier in this session and pay me back my money that I spent killing the bugs and enough to pay for moving expenses and enough to get a new place to live. A million but that is always a joke. But I would like to move to somewhere new and cleaner. If this goes through he will make my life a living hell till I'm out of here. As for the auto You tell me what it is worth.
What is the nature of the issue with your automobile?
What car are you talking about?
I apologize for the confusion, ****. I must have misunderstood. Let's focus on your housing and wheelchair issues. Have you considered contacting a local legal aid organization for assistance with these matters?
Are you there.
Yes, I'm here. Have you considered contacting Georgia Legal Services Program? They provide free legal help to Georgians who are low-income or aged in civil cases. Their number is *-*-*-*.
Again yes no help.
What is the specific reason Georgia Legal Services Program gave for not being able to assist you?
Not worth it. Why do we keep going over the same questions all the time. Yes I had a car but it caught on fire about a year or so ago and burned up. That is the only car I had. Why did you ask?
Did you report the car fire to your insurance company? If so, what was their response? In Georgia, comprehensive car insurance typically covers fire damage.
Yes and Nissan and they couldn't fix it and two months latter a recall was issued but by this time it was all over and done with
What was the reason for the recall issued by Nissan?
Faulty wiring. Why?
Did you file a claim with Nissan after the recall was issued?
Yes.
And my insurance company
You there or are we done.
What was the outcome of your claim with Nissan and your insurance company?

In Georgia, if a product is defective and causes harm, you may have a product liability claim.
Insurance paid of the car and no other action was taken because no one was not going to do anything else. I guess you are going to tell me you can help me with that.
What was the specific defect in the car that led to the fire?

In Georgia, if a product is defective and causes harm, you may have a product liability claim.
Faulty wiring
Did you suffer any injuries or damages due to the car fire caused by the faulty wiring?
No harm
Are we done?
Based on the information you've provided, it seems you have two potential legal issues: landlord negligence and a product liability claim. Have you consulted with a local attorney about these matters?
I have ask what the cases are worth and you haven't told me.
What are the total costs you've incurred due to your landlord's negligence and the wheelchair malfunction? This can help determine the potential value of your cases.
The chair was $*,* car$*,*
What are the costs you've incurred due to your landlord's negligence? In Georgia, tenants can sue landlords for damages resulting from negligence, such as medical bills, pain and suffering, and loss of enjoyment of life.
Other than about $*,*
What are these costs related to? Are they for repairs, medical bills, or something else?
Which ones are you talking about? I gave you the cost of the car wheelchair and for the bugs.
The costs you mentioned, are they for repairs, medical bills, or something else? In Georgia, tenants can sue landlords for damages resulting from negligence, such as medical bills, pain and suffering, and loss of enjoyment of life.
Lose of the car wheelchair and paying for the bug.
What is the total amount you've spent on medical bills due to injuries caused by the wheelchair malfunction and the apartment's conditions?
I have no idea. My insurance and medicaid paid but all of that has caused a lot of injury to me and not to mention the pain and suffering that I have had.
What is the total amount you've spent on repairs due to the wheelchair malfunction and the apartment's conditions?

In Georgia, you can sue for damages resulting from negligence, such as repair costs, medical bills, pain and suffering, and loss of enjoyment of life.
Apartment is about $*. Wheelchair approximately $* I'm not sure.
What is the total amount you've spent on other expenses related to these issues, such as relocation costs, lost wages, etc?
I'm disabled and have no where or way to go.
What is the total amount you've spent on relocation or housing alternatives due to the conditions of your apartment?
Approximately $*
What is the total amount you've spent on repairs or replacements for your wheelchair?
I don't know because I wasn't paying for it that was paid for it
What is the total amount you've spent on medical treatments due to injuries caused by the wheelchair malfunction?
I don't know I guess approximately about $*,*
What is the total amount you've spent on medical treatments due to injuries caused by the conditions of your apartment?