QUESTION
Can I sue my landlord for punitive damages if my roof caved in?
Asked on Jun 09th, 2011 on Personal Injury - Florida
More details to this question:
My apartment unit has serious water and piping issues. The ceiling has had serious water leaks on two occasions and just now a 4' x 3' section of the ceiling fell through crashing in the living room and put water everywhere. This is obviously a neglected building. Can I sue my landlord for punitive damages?
16 ANSWERS
Health Care Attorney serving Beverly Hills, CA
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Trial Law Offices of Bradley I. Kramer, M.D., Esq.
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Punitive damages? Generally no. For regular damages, absolutely.
Answered on Jun 13th, 2011 at 12:35 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Punitive damages are generally only awarded in case where there is intentional conduct, or in cases where the defendant is so grossly negligent so as to constitute a reckless, willful & wanton disregard for the safety of others.
Answered on Jun 13th, 2011 at 10:21 AM
Workers Compensation Attorney serving West Palm Beach, FL
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You may be able to sue the landlord but may not be able to get punitive damages. Call a personal injury attorney.
Answered on Jun 13th, 2011 at 9:55 AM
Personal Injury Attorney serving Portland, OR
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Law Offices of Thomas Patton
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Most jurisdictions allow Landlord tenant claims, and some provide for attorney fees. You can certainly file a claim for damages, but whether punitive damages are allowed typically depends on how bad the defendant acted. Punitive damages are usually subject to a very stringent standard, such as acting "with gross disregard to the health and life of others." You should consult with an attorney in your area.
Answered on Jun 13th, 2011 at 9:47 AM
Personal Injury Attorney serving Austin, TX
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Law Offices of Earl K. Straight
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To make a case for punitive damages, you must show fraud, malice or gross negligence. It is a difficult burden of proof. The specific facts of your case would determine whether punitive damages might be appropriate, but whether they are or not does not affect your right to sue for all your actual damages.
Answered on Jun 13th, 2011 at 9:38 AM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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You probably cannot sue for punitive damages, but you would have a claim for negligence, violation of the Landlord-Tenant Act, etc. A lawyer can discuss those details with you.
Answered on Jun 13th, 2011 at 9:22 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Michigan does not recognize punitive damages. Regular damages, yes.
Answered on Jun 10th, 2011 at 2:47 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes, but punitive damages is in the discretion of the court, and are not always awarded.
Answered on Jun 10th, 2011 at 12:28 PM
Personal Injury Law Attorney serving Kalispell, MT
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McGarvey|Anderson PLLC
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Most states only allow for actual damages, including replacement costs for damage to your personal property plus inconvenience damages. You should contact an attorney in your state to see what types of damages you may be able to recover.
Answered on Jun 10th, 2011 at 12:24 PM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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You can sue for compensatory and punitive but the punitive damages part of your claim will be difficult to prove.
Answered on Jun 10th, 2011 at 12:18 PM
Punitive damages are rarely awarded, and only for the most wanton and egregious conduct. However, under both tort law and landlord tenant law, you landlord may be liable to you for the cost of the property that was destroyed, and for any damages related to a physical injury, including doctor bills, pain and suffering and lost wages. You should consult a lawyer knowledgeable about landlord tenant law.
Answered on Jun 10th, 2011 at 12:06 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Punitives are rare in NC and usually only in the most egregious cases. Wont hurt to ask.
Answered on Jun 10th, 2011 at 11:54 AM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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Probably not. The key is that building is neglected. If landlord is negligent you cannot get punitive damages. Only if landlords actions are willful or malicious. Very hard standard to prove here.
Answered on Jun 10th, 2011 at 11:51 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You can sue the landlord for the damage to your property. If the landlord is insured, the insurance carrier will pay for the damage to your property. If you have to stay in a hotel while they do repairs, they must pay for that too. Punitive damages are likely not part of the equation unless the landlord was repeatedly put on notice of the problems and refused to take precautionary measures.
Answered on Jun 10th, 2011 at 11:44 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No, but you can sue him for any personal injuries or property damage. If you were injured in this incident, we can represent you.
Answered on Jun 10th, 2011 at 11:44 AM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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No. It's negligence, but not punitive. Watching too many stupid lawyer commercials.
Answered on Jun 10th, 2011 at 11:32 AM