Can I sue my landlord for punitive damages if my roof caved in? 29 Answers as of February 21, 2012

Punitive damages? Generally no. For regular damages, absolutely.

Your landlord may be liable for the damage caused. More details would be needed. Punitive damages are definitely not available in this situation.

Punitive damages are generally only awarded in case where there is intentional conduct, or in cases where the defendant is so grossly negligent so as to constitute a reckless, willful & wanton disregard for the safety of others.

You may be able to sue the landlord but may not be able to get punitive damages. Call a personal injury attorney.

Most jurisdictions allow Landlord tenant claims, and some provide for attorney fees. You can certainly file a claim for damages, but whether punitive damages are allowed typically depends on how bad the defendant acted. Punitive damages are usually subject to a very stringent standard, such as acting "with gross disregard to the health and life of others." You should consult with an attorney in your area.

It is unlikely that you can sue your landlord for punitive damages. While it sounds like you have a valid negligence claim against your landlord, the actions of your landlord must rise to a level of egregious willful or reckless conduct for a judge to grant you leave to pursue a punitive claim against your landlord.

To make a case for punitive damages, you must show fraud, malice or gross negligence. It is a difficult burden of proof. The specific facts of your case would determine whether punitive damages might be appropriate, but whether they are or not does not affect your right to sue for all your actual damages.

You probably cannot sue for punitive damages, but you would have a claim for negligence, violation of the Landlord-Tenant Act, etc. A lawyer can discuss those details with you.

You may only be able to sue of you can prove gross negligence. Consult with a lawyer on this issue. You can sue for compensatory damages.

I would say you have a case for recovering compensatory damages against the landlord if the structure was neglected, and he/she had notice of the problem and failed to fix it before the damage occurred. If he failed to maintain the building and it caused damage to your property, you can seek compensation under a variety of possible legal theories. Punitive damages are very difficult to obtain. In most states, you have to prove gross negligence, and many states require misconduct that is essentially criminal in nature (e.g., intentional infliction of harm). But there may be a statute in your jurisdiction that applies specifically to the landlord/tenant relationship, that could afford damages greater than your actual losses (e.g., punitive in nature). You should talk to a lawyer in your area who could better determine your best cause of action in your jurisdiction.