gas leak in apt.

UPDATED: Jun 12, 2009

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gas leak in apt.

if my apt. workers shut off pilot light on stove and didnt warn us and gas leaked out for 4 days and fire medical got called out and had to take my son to hospital and his CO level upon arival was 12 and the normal is 1 or lower. what can i do.

Asked on June 12, 2009 under Personal Injury, Kansas


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You should certainly discuss all the facts of your case with a lawyer in your area.  I think you have a case, although I see a potential problem that takes this completely out of the do-it-yourself class.  One place to find aan attorney who can give you reliable advice is our website,

It's fairly clear that if the workers caused the gas leak, that would be found to be carelessness, and you can recover for negligence.  The problem is that in most places, natural gas is given a scent so that you should have been able to smell it, and the other side's lawyer will try to persuade a jury that you were partly to blame.  There is a legal doctrine called comparative negligence, and while I'm not a Kansas lawyer, my research suggests that your state's modified form of that would reduce your verdict by whatever percentage of the total fault a jury assigned to you, up to 49 %, while at 50 % or higher you would get nothing at all.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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