Landlord Negligence Gas Safety

Summary

Your landlords disregard for gas safety warnings could lead to a negligence claim. Evidence includes the Gas Companys warning, Code Enforcement citations, and any harm suffered. Consult a local attorney for personalized advice.

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What type of lawsuit do i have in California if my landlord ignored the Gas Company's recommendation to NOT turn on the gas?
If your landlord ignored the Gas Company's advice not to turn on the gas, you might have a case for negligence in California. This could potentially lead to a personal injury lawsuit if you suffered harm as a result. It's crucial to consult with a local attorney for accurate advice.
Do most landlords settle out of court when confronted with obvious negligence?
In general, many negligence cases against landlords do settle out of court. However, this varies greatly depending on the specifics of the case, the willingness of the parties involved, and their respective legal advisers. It's advisable to consult with a local attorney for more guidance.
What is conscidered proof of negligence?
Proof of negligence generally requires evidence of four elements:
- Duty: The defendant owed a duty to the plaintiff
- Breach: The defendant breached that duty
- Causation: The breach caused the harm
- Damages: The plaintiff suffered harm or loss
I have proof of a warning from the gas company and proof they ignored warnings.
In California, your evidence can support a negligence claim. These proofs demonstrate:
- Duty: Landlord's responsibility to provide a safe environment.
- Breach & Causation: Ignored gas company's warning, potentially causing unsafe conditions.
- Damages: Any harm caused due to this breach.
Remember, this is a general guide, please consult a local attorney.
Is it a crime to endanger property?
Yes, in many jurisdictions including California, it can be considered a crime to recklessly endanger property, often under laws related to criminal mischief or vandalism. However, the specifics can vary. Always consult with a local attorney for accurate advice.
Can I call their insurer?
Yes, you can contact the landlord's insurance company to report an incident. However, it's advised to consult with a local attorney before doing so as they can guide you on the best approach to take.
What can the insurer do?
The insurer can do the following:
- Investigate the claim
- Determine if the policy covers the incident
- Decide on the amount to be paid out for damages
- Possibly cancel the policy if they find severe negligence
Remember, this varies based on the policy terms and insurer's procedures.
There's no claim
If you haven't made a claim yet, would you like guidance on how to do so? It's generally a process involving filing a report detailing the incident and providing any supporting evidence to the insurance company. It's advisable to consult with a local attorney before proceeding.
If the cancel a policy on a rental property what does that do?
If an insurance policy on a rental property is cancelled, it means:
- The landlord may not be covered for future incidents or damages.
- The landlord would be financially responsible for any damage or liability claims.
- The property might not meet rental or mortgage company requirements for insurance.
Always consult a local attorney for accurate advice.
If my apt is managed by a huge company who pays for the negligence?
If your apartment is managed by a large company and there's negligence, liability often depends on the specific agreement between the landlord and the company. Do you have a copy of your lease agreement which might outline responsibilities in such cases?
My demand letter was made to the management company. The code enforement contated the management company. Is that a hint?
The fact that code enforcement contacted the management company may suggest that they're investigating the matter. It's important to consult a local attorney to understand potential implications. Do you know if there's been any response from code enforcement or the management company?
Does that indicate the responsible party?
The party contacted by code enforcement is typically the one held responsible for addressing the issue. However, legal responsibility can depend on various factors. It's important to consult with a local attorney for accurate advice.
Scenario: My building had ants and I reported the issue in *. I was told the ant problem had no remedy. After I filed a code enforcement report in *, they forced them to fix the ant problem. What about the 4 years that I suffered?
In California, landlords have a duty to provide habitable rental property, which includes addressing pest issues. You might have a case for breach of implied warranty of habitability or constructive eviction. Did you incur any costs or suffer any harm during those 4 years due to the ant problem?
My landlord insisted on gassing me after Gas Company's warning ? *. After I was overcome with fumes, the Gas Company put a hazardous tag on my oven and turned the gas off. I was exposed to gas leaks with the oven off and co2 and combustibles when the oven was on. This created life threatening conditions. The notice clearly stated that the oven was defective and there was zero ventilation/ exhaust hood. *. Code Enforcement agreed with the Gas Company and cited my unit with other code violations. *. The manager ignored the warnings both written and by text and sent plumbers over to turn the gas on, stating that Gas Company was wrong about the stove being broken and said the window was enough ventilation. *. I had to insist that the gas be left off. *. Under pressure from Code Enforcement, an oven was ordered and installed later in the month. The appliance company under instructions from the manager turned the gas on without ventilation. *. Later, the ventilation hood was installed.
Based on your situation, you may have a case for negligence and violation of implied warranty of habitability. Key points to consider:
- Your landlord ignored the Gas Company's safety recommendations.
- You were exposed to life-threatening conditions, which could constitute harm.
- Code Enforcement found the landlord in violation.
Please consult with a local attorney for further guidance.