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View Full Version : injury while living just 2 weeks in rental Utah


laura jorgensen
10-28-2005, 01:45 PM
while just being in a rental home for just two weeks a bat entered the living area from the bellfree my three year old son came to me saying he was afraid of the birds. Thinking he was having a bad dream I put him back to bed. The next night we captured and killed a bat that was flying around the house. The bat was then tested positive for rabies. Because the bat had been in the home while we were sleeping and we would have not known for sure if we had been bitten we then as a family had to get the rabies vacinations. This was a series of shots that in total our family had thirty three shots. In total we had seen a tatal of four bats in the living quarters in just one week. The home was exterminated and there was an average of 150 bats in the bellfree of the home. These bats had been coming to this home for years, there were hundreds of places for these bats to enter the living quarters. We then decided to move, due to the fact that the home had a very strong oder in it, and we were about to bring home a new baby (I was 35 weeks pregnant at the time.)
The insurance company concluded that the home owners were not liable for what had happened, yet they did agree to paying the $11,ooo in medical expenses. My question is do you think we are intitled to pain and suffering, and Is the insurance liable?

elklaw
12-26-2005, 11:04 AM
Well is there really any pain and suffering? You had injuries, which were paid for. Sounds like the owners may not have known of the extent of the bats and tried to act positively to resolve the issue and ensure that you all are ok. If you want a settlement beyond that, I suggest talking to the owners and ask for a deposit back to move but if you want to pursue pain and suffering, you should consult and retain an attorney, but it does not sound like a situation where there was really sufficient pain and suffering to be compensated since it all occurred and was responded to quickly.

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