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I am allergic to pesticides and I have told my landlord this fact. They came into my apt and sprayed while I was in hospital

Las Vegas, NV |

getting a pace-maker.
When I returned home, I found a note telling me that my apt had been sprayed. That night, I went to sleep and had to be rushed back to the hospital due to the insecticide and I couldn't breathe. Paramedics were about to use the defibrilator on me when my breathing got a little better. Can I sue my landlord for this?

Attorney Answers 4

  1. assuming you are recovered from the incident, it may not be worth your time and the expense. theoretically you can and might win. however if there is not a lasting problem it might be difficult to find a lawyer to do it on a contingent fee. you should however contact a LV lawyer - consultations are usually free. if you don't know one, the county bar association should have a referral service. good luck.

  2. In the future you should try to negotiate a lease in which the landlord promises not to use pesticides. If you had this as part of your contract, you would have a stronger case.

    I tend to agree with the first attorney who answered this question who suggested that this case might not be an economical case to pursue.

    I note with particular interest that the attorney suggested you contact our county bar association. Both the Clark County Bar Association and the Nevada State Bar run referral services. The difference is that if you are referred by the Nevada State Bar, the lawyer taking your case must give 20% of his or her fee to the State Bar, whereas if you a referral thru the Clark County Bar Association, the attorney taking your case can keep the whole fee so your case become a bit more attractive. Hope this helps.

  3. lots of fact questions need to be answered to see wether you have a case including what does your lease say, what did your landlord tell you, what did you tell your landlord, what was used in the apartment etc

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  4. The Plaintiff has the burden to show that the Landlord was negligent in this case. Thus, you need to be able to show that the Landlord knew about your condition (hopefully you have something in writing: contract, letter, etc). Then if the Landlord was negligent, you could recover for such. This may be a small claims case depending on the amount of the medicals. If your medicals were not much ($2000-4000) and you recovered quickly (were breathing better with no severe injury), I would encourage small claims without the need to hire an attorney. You can get more information on small claims from the court house. Self-help. However, if your medicals are more and/or you suffered an injury that results in future medicals, etc then hiring an attorney may be your best option. Again, I'm answering this question based upon limited information. Before proceeding I would encourage you to discuss this matter with an attorney providing all the necessary information.

    The answer above is only based upon the limited information provided. The answer is limited and my review is likewise limited, and thus the response is not intended to be acted upon as legal advice. Although licensed in numerous states, I am currently only licensed to practice law in the state of Nevada. No attorney-client relationship is formed until you sign an attorney-client agreement with my office. Any information provided is for discussion purposes only and there is no attorney-client relationship formed. Only general legal information is provided. Each case is unique and accurate legal advise would require review of all details and documents for each specific case. It is possible that the comments here, while meant to be helpful, may in some cases not be complete or accurate.

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