Can i sue this Management company, for pain and suffering and false information on my credit?: An Apartment complex is listed on my credit for the past 4yrs, I have never resided at this complex, they have been notified in the past and have stated the same, that i have never resided there I have asked if they would remove this from my credit report but till this day it is still there and for the past couple yrs have prevented me from getting a place to live, Management has been contacted and so have upper management of this complex but this problem still remains, now i am in a homeless situation been trying to get a place to live but because of this i am not able, I am at the point where i want to sue what can i do?
Casey’s answer: As a general matter, you cannot recover pain and suffering damages unless you have suffered a physical injury. However, there is recourse for false credit reporting under the Fair Credit Reporting Act. I would suggest you contact a firm that specializes in this area to discuss your case. Best of luck to you.
We were bit by bed bugs at a hotel and had to go to urgent care. Can we sue the hotel for the medical bill and pain and suffer ?: We had on other occasions told the staff at the hotel that they had bugs. On one occasion they put us in another room and there were still bugs in that room. On this occasion I woke up and a bug was on my sheet and my husband found one the other side of the bed after he came back from showing the first bug to the front office. A few hours later I had big red welts on my neck and chest area and arm. Needless to say we checked into another hotel but I was unable to sleep. I have always had a fear of bugs now it is worst. My husband was bit also and I ended up going to urgent care a couple days later because the swelling would not go away. And it keeps flaring back up and it has been a week tomorrow.
Casey’s answer: The short answer is, yes, you can sue the hotel. However, winning the case would hinge on whether you were able to prove that the hotel had knowledge of the problem and that you lacked knowledge of the problem. In this situation, it appears you had prior knowledge of the bed bugs. That may prevent you from recovering. Assuming you were able to overcome that defense, the damages may not be sufficient enough to offset the costs of pursuing this matter. Best of luck. My best advice would be to stay away from that insect infested hotel.
Why can't I sue the DFACS office?: If the DFACS has falsely accused, and 'caused pain and suffering, a person should have the right to sue that office in their city. Stating that you can't sue DFACS because it's the government is basically saying they can say and do whatever they want to you and there is nothing you can do about it and they can give a rats butt about your rights as an american citizen. Way to go America. This world is so currupt these days. This should not be fair.
Casey’s answer: DFACS, like most government entities, is protected from lawsuits by what is known as sovereign immunity. DFACS employees are also protected from lawsuits by "official" immunity. However, there are certain situations in which official immunity is waived, and you can file a lawsuit against the DFACS official. The most common type of immunity waiver is a situation in which a government official is negligent in the performance of a "ministerial" act. A ministerial act is basically an action that requires no discretion or deliberation on the part of the governmental official. In the situation you describe, a false accusation, a court would likely determine this to be a discretionary function. Unfortunately, there is no immunity waiver for negligence in the performance of a discretionary function. In addition, in order to recover pain and suffering damages, there has to be some sort of physical injury. Best of luck to you, but it sounds like a tough case.