Southern California heat waves can be very dangerous. Those who are forced to face the heat without any way to cool down can suffer health issues directly related to the heat, including heat exhaustion and heat stroke. What if your rental apartment has a broken AC? What if the nursing home that a loved one is in does not have a working air conditioner and your loved one suffered harm? Depending on the details surrounding the incident and the resulting harm, you could have the right to sue.
If you are interested in exploring the legal options available for you, it is important that you seek legal assistance as soon as possible. Here at the Normandie Law Firm, our lawyers are more than ready to evaluate your claim and provide you with the guidance that you need to take action. If you are interested in speaking to our lawyers, contact us at your earliest convenience.
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About Heat Exhaustion and Heat Stroke
Many people use heat exhaustion and heat stroke to refer to any sort of heat-related illness, but the fact is that they are two different things. It helps to think of heat-related illness as a spectrum. Heat exhaustion is on the lower end of the spectrum and can cause multiple symptoms. If not addressed, heat exhaustion can result in heat stroke – which is considered a medical emergency and can be fatal.
Symptoms of heat exhaustion can include the following:
- Dizziness
- Headache
- Nausea
- General weakness
- Fatigue
- Unsteady gait
- Muscle cramps
- Elevated core body temperature but under 104F
Symptoms of heat stroke can include the following:
- Confusion
- Delirium
- Combativeness
- Seizures
- General change in mental status
- Loss of consciousness
- Core body temperature above 104F
Can I Sue for Harm Caused by Lack of AC in an Apartment?
Yes – you could have grounds to file a claim. Landlords have a duty to keep their rentals in a habitable condition, and they must make repairs whenever issues arise. The problem is that under California law, landlords are not required to provide their tenants with air conditioning in the rental. However, if the rental had working air conditioning when you moved in, then the landlord may be responsible for ensuring that it remains in a working condition. In other words, if you have told your landlord that the air conditioning did not work but your landlord failed to take any action, then the landlord could be found liable for any resulting harm.
If your landlord won’t fix the air conditioning and you or a loved one suffered heat exhaustion or heat stroke, you could sue. For more information about your right to sue for injuries or wrongful death caused by heat stroke or other heat-related illness, contact us today.
Can I Sue for Wrongful Death in a Nursing Home Due to Broken AC?
Yes – you could have grounds to sue. Nursing homes have a duty to keep their premises safe for their residents. This means that during heat waves, the must ensure that they keep their residents cool. This is especially important because the elderly are more at risk of developing heat exhaustion or heat stroke both because of their age and because of preexisting conditions. Failing to have working air conditioning during a heat wave can be considered elderly abuse in some situations. What does this mean? If an elderly member of your family suffered harm due to no AC or broken AC at a nursing home, you could have grounds to sue.
Can I Recover Compensation?
Whether you are pursing an injury claim or a wrongful death claim, you could be entitled to receive compensation. Based on the details surrounding your claim, you could be entitled to receive compensation for some of the following:
- Medical costs
- Pain and suffering
- Funeral/burial costs
- Loss of consortium
- Punitive damages
- Legal fees
How much compensation can I receive? This is a common question; unfortunately, it is a question that is difficult to answer. This is because every case is different. Ultimately, case value depends on the facts – these can include the specific harm suffered, whether harm was permanent, whether harm was fatal, etc. Here at our law firm, our team is ready to fight for your right to recover the highest settlement available for your claim.
How Long Do I Have to File Your Claim?
This is one of the most important questions to answer. This is because all claims are subject to a statute of limitations, or a deadline to sue. If claimants fail to file their claims on time, then they can lose their right to sue entirely. In California, injury claims and wrongful death claims are subject to a two-year statute of limitations; this means that claimants only have two years to file their claims. For more information about the total length of time that you have to file your claim, contact us today.
Contact Normandie Law Firm Today
If you or a loved one suffered harm because of a broken AC in a rental apartment or at a nursing home, you could sue. Our lawyers have decades of experience and are ready to fight for your rights. Contact us today to benefit from our legal services. We offer free legal services, which include free consultations and free second opinions. During these free legal services, our team will be available to answer all your questions, address all your concerns, and provide you with all the information that you need to begin or continue your claim. These are available as part of our Zero-Fee guarantee, which states that our clients will never have to worry about paying any upfront legal fees. We also work on a strict contingency structure; therefore, our clients will not be responsible for legal costs unless their claims are successful.
If you are ready to speak with our experienced attorneys, contact us today. Our legal team is ready to provide you with the representation that you need to fight for your rights.
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