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    SM1011's Avatar
    SM1011 Posts: 4, Reputation: 1
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    #1

    Aug 27, 2012, 03:36 PM
    Can I be held liable if roommate caused accidental fire?
    Can I be held liable if a fire started in my roommate's closet and is deemed "accidental"? I was home at the time, started to smell something burning, quickly realized it was behind roommate's closed bedroom door. Opened said door, saw smoke, shut door. I called 911 and evacuated. The fire was contained to her bedroom. All firefighters involved said that my shutting the door saved the building by stopping the fire from spreading.

    Though the landlord's insurance company is still investigating, it is believed to be electrical in nature. Possibly due to an exposed bulb in closet being left on when she was not home. Can I be held liable?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Aug 27, 2012, 03:55 PM
    Quote Originally Posted by SM1011 View Post
    ... Can I be held liable?

    It appears that your roommate may have been negligent. One question will be whether such negligence should be imputed to you. Is the roommate on the lease or was she subrenting from you?

    And, of course, what state or other jurisdiction are you in?
    SM1011's Avatar
    SM1011 Posts: 4, Reputation: 1
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    #3

    Aug 27, 2012, 03:56 PM
    We are both on the same lease
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Aug 27, 2012, 04:05 PM
    Quote Originally Posted by SM1011 View Post
    We are both on the same lease
    That will be in your favor. The landlord cannot claim that you were negligent in picking a careless subtenant; the landord instead agreed to lease to the roommate.

    You haven't said yet where you are.

    And do you have renter's insurance?
    SM1011's Avatar
    SM1011 Posts: 4, Reputation: 1
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    #5

    Aug 27, 2012, 04:05 PM
    Thank you for your responses, I am in NY State.
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    SM1011 Posts: 4, Reputation: 1
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    #6

    Aug 27, 2012, 04:11 PM
    Neither of us had renter's insurance (I know, I know)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Aug 27, 2012, 04:41 PM
    Preaching:
    Renters insurance costs almost nothing, guess you wish you had it now ?

    Can you be held liable, of course, the insurance company can try and say that. So you can end up in court, hiring an attorney to fight it. Will it happen, I doubt it on this case, but can you ? Of course
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