QUESTION
Is the apartment management liable if they knew one of the tenants used oxygen and smoked and resulted to fire?
Asked on Sep 23rd, 2012 on Personal Injury - California
More details to this question:
Management was aware a tenant used oxygen and smoked. No signs posted in tenant’s windows to warn other tenants of oxygen use/danger. Fire resulted in many losing home and everything. Now suffering health issues due to stress. Wondering if apartment management has any legal liability?
15 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes.
Answered on May 22nd, 2013 at 1:43 AM
They might although from this rendition of the facts I'm unable to say. See a lawyer.
Answered on Sep 28th, 2012 at 11:25 PM
Quite possibly. Consult with a local attorney.
Answered on Sep 26th, 2012 at 4:58 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Probably not. They would be sued for discriminating ask fireboy tenant. You needed renters insurance. Live and learn.
Answered on Sep 26th, 2012 at 4:58 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Perhaps. You have to prove the knowledge you say and you have to prove causation on the fire and causation of in injuries or damages a lot of lawyering but you should be able to do it if you do your homework.
Answered on Sep 26th, 2012 at 4:57 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Theoretically, yes. Management knew of a fire hazard, failed to take steps to correct it and a fire resulted. But after many years of practice, I have learned that when an answer is preceded by the word "theoretically" then actually putting it into practice brings about unanticipated difficulties.
Answered on Sep 26th, 2012 at 4:57 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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The answer is yes.
Answered on Sep 26th, 2012 at 4:56 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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They might, but it is doubtful. Depends on lease, knowledge of Management, and other factors.
Answered on Sep 26th, 2012 at 4:56 PM
Personal Injury Attorney serving West Jordan, UT
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Kramer Law Group
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This would be called a "premises liability" case. It's easy to find that oxygen and smoking don't mix on the web. If you can PROVE that management knew that a tenant used oxygen and smoked next to it, they you might have a case. Usually, your case is made stronger if you have physical injuries accompanying emotional distress issues.
Answered on Sep 26th, 2012 at 4:55 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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The apartment management may have some liability if it knew of the danger and failed to stop the dangerous behavior. Please feel free to contact my office to discuss further.
Answered on Sep 26th, 2012 at 4:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Very doubtful. Your renters insurance is your remedy.
Answered on Sep 26th, 2012 at 4:54 PM
Ronald A. Steinberg
Possibly, if you can prove that they knew. If you had renters insurance, you could claim the loss and let the insurance company worry about it.
Answered on Sep 26th, 2012 at 4:52 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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There may be liability on the part of the management. Contact an attorney to review the facts more specifically.
Answered on Sep 26th, 2012 at 4:52 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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It might be tough to make that claim. If smoking is permitted in the lease, it would be really tough. But if smoking is prohibited and the manager or landlord knew it and looked the other way then you may have a good claim.
Answered on Sep 26th, 2012 at 4:51 PM
4 Awards
The manager would only be potentially liable if he or she allowed this activity, or didn't expressly disallow it, or knew he was doing this and didn't act to stop it.
Answered on Sep 26th, 2012 at 4:51 PM