gas leak in apt.

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gas leak in apt.

if my apt. workers shut off pilot light on stove and didnt warn us and gas leaked out for 4 days and fire medical got called out and had to take my son to hospital and his CO level upon arival was 12 and the normal is 1 or lower. what can i do.

Asked on June 12, 2009 under Personal Injury, Kansas

Answers:

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

Answered 11 years ago | Contributor

You should certainly discuss all the facts of your case with a lawyer in your area.  I think you have a case, although I see a potential problem that takes this completely out of the do-it-yourself class.  One place to find aan attorney who can give you reliable advice is our website, http://attorneypages.com

It's fairly clear that if the workers caused the gas leak, that would be found to be carelessness, and you can recover for negligence.  The problem is that in most places, natural gas is given a scent so that you should have been able to smell it, and the other side's lawyer will try to persuade a jury that you were partly to blame.  There is a legal doctrine called comparative negligence, and while I'm not a Kansas lawyer, my research suggests that your state's modified form of that would reduce your verdict by whatever percentage of the total fault a jury assigned to you, up to 49 %, while at 50 % or higher you would get nothing at all.


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