Summary
Carolyn, a resident of an assisted living facility in Atlanta, Georgia, suffered injuries due to the owners negligence in repairing a water pump. She reported the defect and the incident to the management. She sought medical attention and was diagnosed with hearing loss and tinnitus. She consulted with a lawyer and is considering filing a civil complaint due to the owners refusal to relocate her to a suitable apartment. She has informed the owner of the violation of specific laws including the 1972 Noise Ordinance Act, HUD noise ordinance, and Landlord Tenant statute. Her case has been referred to HUD and she is currently reaching out to Atlanta Code Enforcement Department.Full Conversation
I have been injured because of owners failure to repair waterpump in assisted living
What state are you in, Carolyn? This will help me provide the most accurate information regarding your legal rights in this situation.
Atlanta Georgia
I'm sorry to hear about your injury, Carolyn. Did you report the incident to the management of the assisted living facility?
- In Georgia, premises liability law may apply in your case.
- Fulton County State Court: * Central Ave SW, Atlanta, GA *, Phone: (*) *-*.
Yes. Plus Defect was reported by another resident prior to leasing unit to me.
Did you seek medical attention after the injury?
- In Georgia, medical records can be crucial evidence in premises liability cases.
Yes. I have been dianosed with hearing loss and tinnitus for which there isn't a cure. I have recordings of the waterpump noise...doors shaking...and witnesses to the noise.
Have you consulted with a lawyer regarding this issue?
- In Georgia, you may be entitled to compensation for injuries due to negligence.
Yes. It appears that since l haven't passed away my case is insignificant. I'm * and am preparing to file civil action in superior court re statute of limitations.
What is the time frame since the incident occurred? In Georgia, the statute of limitations for personal injury cases is generally two years from the date of the incident.
Early this year when l awoke with severe ear pain. I filed complaint with atlanta housing authority which was approved and forwarded to HUD and owner retaliated.
What form did the owner's retaliation take?
Refusal to relocate me to an apartment meeting my specific needs...l have COPD, diabetes, heart issue and a cancer survivor going on * yrs.
What actions have you taken so far regarding the owner's refusal to relocate you?
Informing owners of specific laws they're violating. * Noise Ordinance Act. HUD noise ordinance. I worked in legal...secretary, Office Mgr UCLA law library, even worked on OJAy Simpson case
What specific laws do you believe the owner is violating, apart from the * Noise Ordinance Act and HUD noise ordinance?
Landlord Tenant statue re safe, livable habitat. This is assisted living with * units
What actions have been taken by the owner or management after you informed them about the violation of the Landlord Tenant statute?
Showed * apartments
Did you find the two apartments shown to you suitable for your specific needs?
No
What steps have you taken since the apartments shown were not suitable for your needs?
Repeatedly informing them of their wrongdoings re HUD Rule *, provided copy of AHA responsive ltr to my Complaint which prompted CEO to finally checked out the noise which captured on RING doorbell on June *.
What was the CEO's response after checking out the noise?
My complaint re Noise has never been addressed...rather l was asked if l was a light sleeper and "we need a letter from your doctor. I played recording of Noise and my dr responded via reasonable accommodation which AHA was investigating for malfesance.
What was the outcome of the AHA's investigation into malfeasance?
My case referred to HUD. Currently, l'm reaching out to Atlanta Code Enforcement Department.
What was the response from the Atlanta Code Enforcement Department when you reached out to them?
I've called..no respone. Came upon some valuable info where l can submit request via email this morning.
What specific information are you planning to include in your email request to the Atlanta Code Enforcement Department?
Request an inspection of waterpump, picture of exploding flourecent light which barely missed two seniors and audio recordings of noise.
What was the response from HUD when your case was referred to them?
It was positive. I am to keep track of my medical expenses until l'm moved. I've not been offered a unit since filing Complaint.
What steps are you planning to take next, now that HUD has responded positively to your case?
I have no choice but to file civil complaint
What type of damages are you seeking in your civil complaint?
TRY ME!
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