can i sue landlord for emotional stress

UPDATED: Oct 2, 2022

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can i sue landlord for emotional stress

I had a house fire after repairs were made to a leaking gas leak from
the furnace.In the fire I lost all of my belonging and kids and I have
encountered emotional stress due to becoming homeless.Can I sue ?

Asked on September 12, 2019 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, there is no claim for emotional distress when you lose belongings due to an accident or negligence (carelessness). You can only recover for emotional distress when: 1) the other side deliberately tried to cause you emotional harm, such as in a cyberbullying or stalking case; or 2) you were physical injured, and the distress accompanies the injury; or 3) you were near to someone badly harmed or killed, and were distressed by that. But the loss of property due to a fire, unless it was a deliberately set fire, would never support an emotional distress claim.
IF the landlord were at fault in causing the fire, you could sue for the value of your belongings and other costs you incurred due to the fire. Or if a repair person or contractor (e.g. whomever repaired the furnace/leak) were at fault, you could sue that person or business. But you have to able to prove fault: i.e. that the fire was due to negligence, or unreasonable carelessness.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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