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New Member
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Sep 16, 2008, 10:43 AM
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Fire - no renter's insurance - negligent landlord
We suffered an apartment fire and lost almost everything we own. Among those lost items were antiques, electronics, all of our wedding gifts taken out of the boxes a few days before, homemade quilts, paintings, etc. The owners were using acetone to dissolve varnish on a badly refinished wood floor instead of sanding like they shoyulde have. The fumes hit the pilot light and exploded. We do not have renter's insurance. Can we sue the landlord since the cause of the explosion was his? How do we figure out the value of our possessions with no receipts?
Thank you for any answers you toss my way.
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Uber Member
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Sep 16, 2008, 12:18 PM
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Originally Posted by pdnor
We suffered an apartment fire and lost almost everything we own. Among those lost items were antiques, electronics, all of our wedding gifts taken out of the boxes a few days before, homemade quilts, paintings, etc. The owners were using acetone to dissolve varnish on a badly refinished wood floor instead of sanding like they shoyulde have. The fumes hit the pilot light and exploded. We do not have renter's insurance. Can we sue the landlord since the cause of the explosion was his? How do we figure out the value of our possessions with no receipts?
Thank you for any answers you toss my way.
You could get statements of like value IF you can prove what items you owned. For example, if I claimed that my fur coat was stolen, had no receipt and presented a statement of value it would be disallowed IF no one ever saw me wearing a fur coat.
The landlord was certainly negligent and you can certainly sue him.
Things of emotional or sentimental value have little actual "cash" value.
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Ultra Member
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Sep 16, 2008, 02:40 PM
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Have you received a report from the fire marshall? You'll need that report to prove fault.
Then I'd say, sue away. You'll need to retain a good attorney, because I would imagine the dollar amount of your damages will exceed the small claims limit. You can call your local Justice of the Peace or Magistrate to find out the limit. You will most likely be needing to go after the landlord's insurance company. His property coverage won't cover your belongings, but his liability coverage should cover your damages.
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Ultra Member
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Sep 16, 2008, 03:21 PM
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Like rockinmommy said, you need proof that the fire was in fact caused by the landlord's negligence. Did your landlord inform you they were using acetone prior to him/her using it? Was there a specific reason they used chemicals rather than sanding it down? Were you home while they were doing the work to the flooring?
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Ultra Member
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Sep 17, 2008, 11:52 AM
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Another question to answer: Who lit the pilot light? If the landlord had turned it off, and you lit it, it changes the situation entirely.
And, without receipts, you are going to have to prove the value of the items that were lost. One hopes that you have lots of pictures, or can get affidavits from people who saw you using the items. Otherwise you can claim anything, and judges do sometimes frown on you if it seems like you are bloating your claim.
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