Can a tenant sue a landlord if they contract lung cancer if there is a high level of radon in the basement?
The tenant's apartment is in the basement. He has lived there for aproximately 3 years and he moved into the apartment when there was a different owner. There is also a clause in the lease that states that the place has not been tested for radon. Also, the guy is a heavy cigarette smoker. (No record as of yet as to where the guy lived previously) For the record, I feel aweful about it but at the same time I don't want to see a lawsuit.
Law & Ethics - 7 Answers
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1 :
Well, if he is a smoker (tennent) then he'll have a tough time convincing otehrs that he did nothing 2 contribute to the cancer. If he knew there was slause in the lease about radon, then he should have insisted on the basement being tested before moving in OR not take the place at all. Has he threatened to sue you ? technically, he should go after the original owner that rented to him. No one held a gun to his head to live there. I dont think he could successfully sue u. Go for a free consultation at a lawyer, just to see what they say. You could also go to an online legal advice board and see what they say I'd get the radon test done if i were u. Just to be safe. As others have said...anyone can sue for any reason. Heck, some lutze sued McDonalds, and won, because he spilled his coffee and burned himself
2 :
Well, anybody can file a suit over just about anything. Radon exposure takes some time to potentially cause cancer. I think it would be a difficult case for him to win, being a heavy smoker and relatively recent exposure to radon. I think to win he would be to be knowingly exposed. and the contract says it is unknown, since it was not tested. Sometimes defending yourself can be very expensive anyway, so hope it doesn't come to that.
3 :
Anybody can sue for just about anything. To get cancer from radon requires long-term exposure. He would likely have cancer from the smoking. However, if you are in an area known for high radon, your clause may not be good enough. You need to get it tested and take action if necessary. For instance, if you knowingly rent to renters with young children, even if it states on the lease that there may be lead paint, if a child is injured, you are liable because you should have known the unsuitability of renting to someone with young children.
4 :
The right Lawyer can get anything thing from anyone for any reason. All they need to do is convince a jury. If they have proof of high radon levels, then that is a contributing factor, according to the legal system in the U.S.! It doesn't matter that the man smoked. Your insurance company will most likely offer them a settlement. I hope the basement apartment was approved by your zoning & building code department, or you could be in violation of renting an illegal or unsafe unit to a non-family member.
5 :
It sounds to me as if you knew--and still know--that there is indeed radon in the basment. Come on, your feelings of guilt are for a reason...It's awful what happened to him, and yes I believe that he should be able to sue. He needs cancer treatment and to have his medical bills paid--he's a human being for God's sake. Look, you can do the whole "cover my asss/ shady cover up" thing all you want. But speaking as a person who's seen it before-- 99% of the time when you screw someone over like that--if COMES BACK to you. You could come down with cancer of any disease yourself. So, you need to hire a lawyer, look into how much your insurance will pay, and do the Right Thing--and get this over with so you can move on with your life knowing that you can sleep well at night knowing you didnt help to cause someone's painful, untimely death..Or better yet--since you may come down with cancer yourself from also being exposed to radon , you might want to link up with yout tennant and file a lawsuit agiant the either the builders or the makers of whatever product is emitting Radon..Good Luck
6 :
no he cannot-if the cancer was down to radon poisoning then the tenant assumes all risks (he was made aware of this and still moved in-he should have insisted on a radon test before he signed the tenancy agreement). if he is a smoker it depends on what brought on the cancer-if it was smoking related then obviously he cannot sue his landlord.
7 :
you can sue anybody in America for anything, whether you can prove it or not is another story.
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