Do I have a case if my landlord failed to clean out from the last tenant and as result I was stuck by a syringe?

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Do I have a case if my landlord failed to clean out from the last tenant and as result I was stuck by a syringe?

My son rented a weekly rental. The landlord said it would be clean but it was filthy. While I helped my son clean, I was stuck with syringe and went to the ER. I had to get tested for HIV and Hepatitis and will have to for a year at least. Also, I now have to take medicine that may may me sick or injure my liver.

Asked on October 5, 2019 under Personal Injury, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, the landlord is not liable. A person or business is only liable for the reasonably foreseeable, or logically predictable, consequences of their actions or failure to act. It is not reasonably foreseeable that a failure to clean out a unit would result in someone stepping on a syringe; hence they are not liable.
Furthermore, even if they had been liable, you cannot sue for what could or might happen, and as yet, you have not been injured or harmed; so all you could potentially sue for at this time, even if they were liable, would be your out-of-pocket (not paid by insurance or Medicare/caid) medical costs, like testing or medicine costs.


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