For example, if your lease forbids smoking indoors, but the fire was started by a cigarette in the trashcan, you could be considered liable. However, we go over some of the main items here. We know how devastating burn injuries can be, and how they can rock your life off its moorings. If you are also experiencing the loss of your home, it can feel like too much to handle on your own. March 22, When a house or apartment catches on fire and causes serious injuries or even death, who is responsible?
Is My Landlord Liable for Repairs? The landlord is legally responsible for repairs that are not the fault of the tenant. The above conditions apply to Louisiana. The law may differ in other states. What Are Examples of Landlord Negligence? Examples of negligent property maintenance include: Faulty wiring Overcrowding Lack of smoke detectors, fire extinguishers, or fire alarms Defective smoke detectors, fire extinguishers, or fire alarms Building code violations Blocked fire exits Gas leaks Storing flammable chemicals Pest infestations When Could I Be at Fault?
These wires may protrude from an unfinished ceiling in the basement or the garage. In some cases, these wires are partially hidden by a wall—making them even more dangerous.
Any of these situations can lead to an apartment fire. Property managers and landlords have a duty to ensure that the homes they are renting to tenants are safe. Because faulty wiring is one of the five most common causes of electrical fires, tenants should be aware of what signs to look out for.
There are several warning signs that can indicate a faulty wiring problem. Tenants and landlords should keep an eye out for the following:. Electrical wiring is a skill that requires knowledge and expertise. In an effort to cut costs, negligent landlords and property managers may attempt to address faulty wiring themselves. However, unless they have the proper electrical experience, they should hire qualified electricians to repair faulty wiring.
In addition, landlords and property owners should do their part to inspect the quality and condition of the wires in their properties. Landlords have a responsibility to know who is living in an apartment. Typically, it involves the use of make-shift partitions to create additional rooms.
Overcrowding poses a significant problem for several reasons:. The reason the amount of families or people who can live in a certain sized apartment or dorm is limited is that overcrowding can be a very dangerous fire hazard. In general, a landlord is required to keep their property habitable and safe. Landlords can be held responsible if:. They owe this duty to not only tenants but also guests and potentially even the public—if common areas are accessible to guests and the public.
There are typically three major reasons why a landlord can be held responsible in an apartment fire:. First, landlords have a responsibility to ensure that the apartment building is up to code. The chances of fire increase when a building is not up to code. Second, sometimes landlords fail to install working smoke detectors. If you believe you suffered injuries or lost a loved one because a negligent apartment owner, contact a Carlson Law Firm apartment fire lawyer.
And, lastly, another form of landlord negligence is when landlords attempt to control the temperature of units. This may leave tenants no choice but to resort to other methods of heating.
Apartment fires can spread fast and can destroy the place a tenant calls home within a couple of hours. In addition, they can be deadly or lead to permanent injuries. After seeking medical attention, contacting a qualified Apartment Fire Lawyer to discuss your options should be your next step.
You may be able to file a lawsuit if your landlord or property managers to recover any damages you and your family suffered as a result of their negligence. Landlord negligence can lead to serious burn injuries. The Carlson Law Firm has more than 40 years of experience helping apartment fire burn injury victims. Contact our firm to schedule a free consultation with a Carlson Law Firm apartment fire lawyer. If you or a loved one were in an apartment fire, it is important to remember the insurance company is not on your side.
Your or your loved one may be able to recover losses associated with an apartment fire. If an injury or death occurred, you may be able to file a claim to cover medical expenses or a wrongful death lawsuit.
An apartment fire lawyer will be able to provide you with valuable assistance during this difficult time. Our Astroworld Lawsuit Lawyers are investigating wrongful death claims and other personal injuries related to…. Daycare is essential for working families, especially for families that have children of preschool age…. Kids put things in their mouths for a variety of reasons.
You can pay for repairs and take the cost out of the rent if you follow state rules. If the fire damage is very bad and imperils your health or safety, you can stop paying rent until the problem is fixed. You must notify the landlord about the problem in writing and give her time to make repairs. If she does not, you can withhold a reasonable amount of rent. If you have to move out, it would be reasonable to withhold all the monthly rent.
If you're still living in the apartment, you should withhold a portion of the rent relative to the size of the problem. Your normal rights under the warranty of habitability don't hold up when you're responsible for the problems.
If, say, the fire started because you overloaded one of the electrical outlets, you've voided your normal claim to a livable home. The California Department of Consumer Affairs says specifically that you can't move out and stop paying rent if you or your family made the apartment unlivable. If you do abandon the lease, your landlord can sue you for damages. If the landlord's negligence caused the fire, for example, the apartment contained sub-standard electrical wiring, you have the right to sue in small-claims court for any damage to your possessions.
You can also go to court if you move out legally after the fire and the landlord refuses to return your security deposit.
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