Legal Question in Personal Injury in Ohio

I am a renter. I'm currently having a new-to-me furnace installed in my apt. to replace the non-working gravity furnace that had been "red-tagged" by the gas company. The HVAC venting that feeds the heated air to the different rooms of the apt. is wrapped with asbestos insulation. Upon removing the old furnace, the asbestos has been greatly disturbed and broken which I believe has made my apt. unsafe. No remediation has been planned and I am uncertain of the actions, if any, I should take. One of the vent runs was completely removed and I believe the sub-contractor plans on re-using this run, effectivly re-installing asbestos in my apt. The management company that handles the building is notorious for neglecting any concerns of the occupents and will NOT take any action on their own valition. The furnace that was installed on Thursday(today) didn't even work and I was told I could "maybe" expect another used furnace on Monday. Hope it's not a cold weekend! There's currently asbestos and asbestos dust on the floor of my basement. Also, there is no notice of asbestos in the lease agreement. What corse of action should I take to best protect my health and my pets health. Thank you in advance for ANY and all consideration with this matter.

Asked on 10/21/10, 7:08 pm

1 Answer from Attorneys

Simon Johnson Law Offices of Simon W. Johnson

You may have legal recourse against the management company, landlord, and/or the installation company. I would need more information to give you a better idea but on the face of what you said, it sounds like have some avenues to pursue. One course of action may be to sue on a breach of habitability - a landlord/managment company has a duty to provide you with a habitable place. Asbestos all over the floor doesn't sound very habitable.

As far as immediately protecting you and your pets' health, I do not know the proper way to clean up asbestos. I would take pictures of the asbestos and all other work related to your complaint so that you have some evidence.

If you'd like to discuss this further, please contact me.

Best regards,

Simon W. Johnson

[email protected]

(440) 477-6075

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Answered on 10/27/10, 1:44 pm

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