Can I sue my landlord for emotional distress.

Asked over 1 year ago - Lynn, MA

Hi my boyfriend and I moved in an apartment complex a year ago and I was pregnant at that time. when we moved in about three months in we realized that the place had bedbugs so we called the proprety manger and set up an appointment to do a heat treatment. we were out of our apartment for the whole day when they came to do the treatment. when we came back we realized that the heat affected some of our propreties but we figure as long as the bedbugs were gone it was ok. The proprety manger called us and told us that we would see some bedbug s after the treatment but we shouldn't worry because they wouldn't reproduce and they will die after a while. After a while we called and told her that we were still seeing some and they were everywhere including the baby crib and sent some over to treat it but he just came over and put some plastic bowl looking things with white powder on the legs of the crib and said they were going to go away. the baby is now eight and a half months and she's been waking up and crying every night and my boyfrieng went to check on her couple of nights ago and he saw two big bedbugs sucking on her. whe decided to check the whole crib and we found bunch of bedbugs with the little ones and eggs everyewhere on the crib pad and little blood stains on her bedsheet and I change her sheets every two weeks. We found a lot more on our new mattress and box spring we just bought and they are all on the couch and everywhere in the house. We called the proprety manger and she said she
will send people over to do the same treament again. Can I sue them for all the damage and emotional stress this problem this has cause us.

Attorney answers (2)

  1. Scott D Goldberg

    Pro

    Contributor Level 10

    Answered . The short answer to your question is that it depends. In Massachusetts there are two kinds of emotional distress cases: intentional infliction and negligent infliction. In intentional infliction cases, where an individual meant to cause emotional distress you do not need to prove that you suffered a physical injury. However, in a negligent emotional distress case - which is what your case sounds like - you would need to prove that you have a "manifestation of physical injuries," meaning a physical reaction to the emotional distress. Some examples of this physical manifestation or injury are: sleeplessness, nausea, shortness of breath, headaches, etc. Each case is different. I would suggest that you and our boyfriend review in detail the injuries, both psychological and physical, that you have suffered and then consult an attorney. One final note, these are difficult cases so if you do choose to pursue it be prepared to take the case to court. I hope this answers your question and helps you sort things out.

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  2. Robert Bruce Kopelson

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Consult local atty asap. Cases have been brought for bed bugs. Every state has its own laws. You may have to replace all your furniture and move out. You must be careful not to take anything with you that could be harboring the bugs or you will be taking the poroblem along to your next place.

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