Negligence for not maintaining water system

UPDATED: Oct 1, 2022

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Negligence for not maintaining water system

We are on a well and live in a three apartment building where the landlord occupies one of the apartments. The landlord installed an elaborate water treatment which includes 2 large storage tanks. Last summer, I had noticed that the tanks were filled with iron bacteria. I told the landlord about the issue and they said they would take care of it but like everything else they didn’t. I have Atopic Dermatitis and I discovered that iron bacteria not only makes my condition worse but can actually cause Atopic Dermatitis. This explained why I hadn’t been able to get it under control for over a year. Recently, they had someone check out the water system and they found a defective part that was preventing the chlorine from being added to the system properly which caused the build up of the iron bacteria in the tanks. The guy told the landlord to give it a couple of months and the iron bacteria should clear out. I am wondering if this constitutes negligence on the part of the landlord for not maintaining the system properly. I have spent the past year with sores on my scalp and face that my medicated lotion was unable to clear up. I had never had an issue of getting my condition under control before and we’ve lived here for 11 years. At the time the sores were quite painful.

Asked on April 23, 2019 under Real Estate Law, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Prior to filing a lawsuit for negligence against the landlord, it may be possible to settle the case with the landlord's insurance carrier.
Your claim filed with the landlord's insurance should include your medical bills, medical reports, and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the landlord's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the landlord's insurance company, reject the settlement offers and file a lawsuit for negligence against the landlord.
If the case is NOT settled, the lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

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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