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    nicpat62's Avatar
    nicpat62 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 4, 2012, 02:09 PM
    House fire tenant negligence?
    Unintentional fire caused by tenant falling asleep after returning home from working night-shift - tenant left electric heater on and accidentally knocked a pillow off the bed and on to the heater. Smoke alarm did not activate until after the fire was put-out from all the ensuing smoke resulting from the fire being doused with water. The smoke alarm fitted by the landlord was not as prescribed in that it was not installed within the required distance from the door of the affected bedroom.
    Is the tenant or landlord liable for the damages caused by the fire?
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
    Uber Member
     
    #2

    Jan 4, 2012, 02:11 PM
    Tenant... THEY committed negligence.. their actions caused the fire. The smoke alarm didn't spontaniously combust. And it wasn't caused by any defect in the electrical or heating system.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #3

    Jan 4, 2012, 03:08 PM
    Where exactly was the smoke alarm? The failure of the alarm did not case the fire, the pillow did that and that was tenant negligence.

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