Legal Question in Personal Injury in California

I was exposed to a carbon monoxide for approximately 4 months. When I moved into an apt. the wall furnace wasn't working properly.My landlord had a friend of his come and fix it. 4 months later I smelled gas on the outside of my apt. and informed the landlord and he told me I could call PG&E if I wanted to. I did. They came quickly and said one of the smart meters was leaking like a sieve. Then the PG&E guy asked to check my appliances and when he got to the wall furnace he said this is no good and shut it down and wrote a hazard notice. The landlord replaced the furnace. Question: Is this a strict liability case? If so, please explain. Thanks

Asked on 7/11/11, 10:52 pm

2 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

Being exposed to a potentially harmful environment does not equate to damages. You must actually experience some sort of physical damage in order to consider such a lawsuit. From reading your question, it does not appear that you've been damaged. Therefore, there's no lawsuit.

Good luck.

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Answered on 7/11/11, 11:13 pm
Michael Stone-Molloy The Lion's Law Office

To answer your question: No. "Strict liability" is when a Plaintiff (an injured person) is not required to prove negligence against the Defendant. In your case, you would still have to prove that your landlord was negligent. That might be difficult, so the only way it would be worthwhile to try would be if you had suffered some serious injury,

I can't tell from your question if you were injured or not. Please contact me so that we can discuss. The symptoms of carbon monoxide poisoning can be subtle, but serious, because it affects the brain. You can call me toll-free at 877-LION-FOR-LAW (546-6367) or email me at [email protected]

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Answered on 7/12/11, 5:43 am

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