Ask Experts Questions for FREE Help !
Ask
    esq716's Avatar
    esq716 Posts: 2, Reputation: 1
    New Member
     
    #1

    Jun 12, 2011, 09:33 PM
    Landlord liability
    My rental home burned down due to electrical issue. I had notified landlord and local power company of a problem with service. (specifically power surges that damaged electrical appliances.)

    I do not have renters insurance.

    Does the landlord have any responsibility for my property? Either personally or via their homeowners insurance?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jun 13, 2011, 03:52 AM

    Maybe. If you can prove that you notified them of a dangerous condition and they did nothing to repair it AND that condition caused the fire then they may be held liable.
    esq716's Avatar
    esq716 Posts: 2, Reputation: 1
    New Member
     
    #3

    Jun 13, 2011, 05:10 AM

    Thank you. Legal proof may take awhile. I would need to hire my own expert, who could testify as to cause of fire. But would I seek damages from LL or his insurance co. In other words, is his homeowners responsible for damage caused by his negligence?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #4

    Jun 13, 2011, 06:15 AM
    Quote Originally Posted by esq716 View Post
    Thank you. Legal proof may take awhile. I would need to hire my own expert, who could testify as to cause of fire. But would I seek damages from LL or his insurance co.? In other words, is his homeowners responsible for damage caused by his negligence?
    You would sue the homeowner, who would tender the defense to the insurance company. And yes, the company is probably liable if the policy owner is liable.

    But proof of liability may be very difficult if, as I suspect, the appliance that cause the fire was destroyed in the fire. I recently represented a landlord in a case involving a toaster. We got a favorable settlement, but the proof was a lot more complex than one would imagine. You are going to have to prove, among other things,
    • which appliance caused the fire;
    • that the power surge caused the damage to the appliance; and
    • that that damage caused the house fire.


    I also would guess that they will claim you were negligent in not unplugging the appliances until the problem was corrected.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Jun 13, 2011, 05:07 PM

    And I'm going to ask WHY you didn't have renter's insurance. Its cheap and would have protected you.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #6

    Jun 13, 2011, 08:20 PM

    It is and should be your insurance ( renters) that would pay you. His insurance has no liability to pay you, unless you can prove .

    It was some fault of the system. *** fire marshal report of what started the fire. If the fire department does not find and list the cause of the fire, you may not have enough evidence for a case. So if they do not find it, you may have to hire an investigator to do so quickly.

    If it was found to be a fault in his wiring, and you were not responsible at all. Then you need to prove and show that he was notified by you of this problem. So do you have proof of delivery of a letter about this to him?

    Then you sue him ( insurance will pay if you lose or may try and settle during law suit) But you sue him using your evidence

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Dealing with a landlord that's never been a Landlord [ 15 Answers ]

I have had numerous landlords in my lifetime with all of them the same. They abide by the laws for tenant and landlord. Especially when they have a tenant that pays on time and respects their property. I am currently renting from a landlord that has never been a landlord and seems to think that...

What is my liability as a landlord with properties in foreclosure? [ 3 Answers ]

I own several rental properties in Washington State that are currently being foreclosed on. Although these properties are partially empty, they do have some renters generating income. However, since I am so far into the foreclosure process, the banks won't accept a partial payment, and I...

Landlord Liability [ 7 Answers ]

Is a landlord or owner of a property liable for outstanding energy bills, if said owner of property never signed contract for utilities to be turned on for unofficial tenant.


View more questions Search