QUESTION

Who would be liable and would it be worth the attempt to sue for personal distress and content loss?

Asked on Oct 20th, 2012 on Landlord and Tenant Law - Oregon
More details to this question:
My rented duplex burnt down with five others. We lost everything. We received the deposit back and that’s all. We did have several churches donate some dishes and clothes otherwise we have to replace everything! We had no rental insurance. Shouldn't our landlord help out or not? It was a wiring fire per the fire chief.
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5 ANSWERS

Personal Injury Attorney serving Beverly Hills, CA
Partner at Engelman Law, APC
You may have a case for property damage and potentially emotional distress/smoke inhalation. You should contact an attorney immediately to discuss this matter.
Answered on Oct 23rd, 2012 at 9:56 PM

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Personal Injury Attorney serving Rosemead, CA at Mark West
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The answer is, it depends. If you can prove that the fire was caused by negligence of the landlord, the landlord (and his insurance company) should pay for damages. If the landlord was not negligent, you generally have no claim.
Answered on Oct 23rd, 2012 at 9:55 PM

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Why didn't you have insurance? The landlord (or his insurance carrier) might be responsible for your property if the wiring was not up to code or if there were problems of which he was aware and took no steps to fix. However, accidents do happen. And "wiring" could mean one of your co-tenants overloaded an outlet, in which case your landlord is not at fault. You are unlikely to receive compensation for distress unless your landlord committed a "tort" which allows for that type of recovery... and it would seem unlikely given the circumstances you have presented. I feel sorry for you. Next time, make sure to purchase insurance- Good luck!
Answered on Oct 23rd, 2012 at 9:54 PM

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Unless you can show negligence on the part of the landlord ie he knew that there was a wiring problem and did not have it fixed, then there is no liability on the part of the landlord.
Answered on Oct 23rd, 2012 at 9:54 PM

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Kevin Elliott Parks
You may well have a claim against your landlord for damages, on the basis of either a habitability violation, negligence, negligence per se, or possibly all of the above. You should consult with a lawyer immediately to discuss the situation.
Answered on Oct 23rd, 2012 at 9:52 PM

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