Is the landlord liable for tenants (ER visit ) insurance deductible due to a furnace breakdown resulting in high CO count?

Furnace to a rental house brokedown emitting carbon monoxide. The house was equipped with carbon monoxide detector. The tenants said they were told by the fire department to go to the hospital and be checked. According to the tenants the CO2 level in the house high. The tenants have a deductible on their health insurance. The tenants want the landlord to pay for the deductible. Are they liable for that deductible?

Asked on May 22, 2009 under Real Estate Law, Illinois

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It's possible that the landlord could be liable for the deductible, and more, if he didn't take care of the furnace properly, and that caused it to break down.  You need to have a good personal injury lawyer take a look at this, and get all the facts, to give you reliable advice.  One place to look for an attorney is our website, http://attorneypages.com

There are some cases in which it doesn't matter if there was carelessness or not, the landlord has to pay, but this probably isn't one of them.  If the landlord had a service company check on the furnace as often as recommended, then he might well not be liable.  Of course, if the service company was careless in its work, they might be the ones on the hook.


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