Is my landlord responsible for my medical bills- I was struck by lightning on her property.

Question

She has no insurance on the property that I am aware of. The tree that was struck was extremely tall, and near the house. They were told by an insurance co. to remove it years ago. She threatened to have me “ out on the street” if I contacted national grid to inspect the electrical system. She burst into my apartment and threatened me with eviction if I don’t stop complaining about it. I have voicemails that she left me telling me that the house will be condemned if anyone inspects it-

Roland Godfrey Ottley · Answer

This is a rather complicated question as it evolves New York negligence law as well as landlord-tenant law. There are many questions to the answered in pursuing either one of these particular claims and so a consultation with an attorney would be necessary. Nevertheless, the tenant would likely be able to pursue a personal injury case against the landlord for the injuries sustained from the lightning striking the tall tree on the premises and all the other attendant facts related to that claim that the tenant can immediately provide. In addition, since the landlord is admitting that there are conditions in the premises that would cause it to be condemned, the premises by definition does not appear to be habitable. And for the tenant to make a request of the landlord to remedy this conditions and in response the landlord immediately breaks into the tenant's apartment and violates the tenant's privacy and exclusive use of the apartment would be separate violations by the landlord. The landlord would likely also the liable to the tenant for retaliatory eviction. The landlord did threaten to evict the tenant if tenant took any further actions to investigate the  premises. And depending on the circumstances, a rent overcharge claim my be pursued by the tenant.

Tim Akpinar · Answer

The landlord-tenant attorneys here could address the L/T-related issues of your question, but as my colleague correctly points out, this is a complex setting. As for the personal injury attributes, it could depend on where you were situated, the tree's role in your injury, the extent of your injury, and other factors. You would probably argue that the tree was a causal factor in your injury, and she will probably argue that there's no proof that you wouldn't have been injured even if there wasn't a tree. As for your argument that she was told by the insurance company to remove it could be argued as going to the issue of the tree's hazard to electrical infrastructure - not necessarily it's likelihood of resulting in someone's electrocution. I hope you're okay. Good luck

Jonathan R. Ratchik · Answer

Getting struck by lighting is arguably an Act of God for which your landlord is not responsible (and which no court in New York will likely hold responsible).

Q: Is my landlord responsible for my medical bills- I was struck by lightning on her property.