Q: The roof cover over the bathtub in my apt came crashing down. Can I sue the leasing since it could have been fatal ?
I had been complaining about disturbance and thumping from upstairs for a while and this is also one cause for the incident I believe. I was saved since I was not inside.
If a landlord is negligent or something on the property breaks due to lack of care by the landlord, there may be negligence. However, unless you are actually hurt ( not just scratches ), there is no lawsuit as there must be a breach of duty ( negligence ), by LL, coupled with that breach causing real injury or harm.
Hope this helps.
John Cucci, Esq.
Teri A. Walter agrees with this answer
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