House caught on fire...

[berks1532]

Hi,
Im a 20 year old college student in Wisconsin. I was at my ex-girlfirend's appartment, along with her brother, at the time of this inncident. Her brother and I had a cigarette on her upper deck area, nothing out of the usual. Instead of a proper ash tray, she had an old dead flowerpot, with some remains. So when I would smoke a cig(by myself typically, she isn't a smoker, and her brother barely stopped over) I routinely would 'cherry' the cig over the balcony into the lawn below, placing the extinguished filter remains in the flowerpot. On this occasion of shared smoking pleasure on the balcony by her brother and I, I extinguished my cig as usual, while her brother simply jams his non-extinguished cig into the pot with plant remains and old butts. I notice this and even take action to the point of giving a few stomps with my shoe on his butt.

Sure enough, the house caught on fire! We were notified by bystanders and were able to extinguish the flames with water and an extinguisher. The damage was substantial though to the siding. After things settle down that day I discuss with My ex and her brother that is was his cig, not mine and I shouldn't have to accept responsibility for his ignorance of proper safety. He accepted fault. A couple months later the landlord asks for a 500$ deposit for his homeowners insurance. The brother eats the bill.

A couple months after that, after a phone call from State Auto(covering house/rental territory???) Insurance asking to explain what happened, I get a letter from them saying I am equally at fault. The brothers renters insurance covered him being at his sisters house and catching it on fire. So here I am, totally unprepared, a legal virgin, with this Julie lady breathing down my neck threating to contact an attorny. I requested a copy of the fire report and it says we both were smoking out there--placing equal fault in the eyes of an unbiased reader. Am I screwed?

Advice?
Thanks
Steve

[HomeGuru]

Originally Posted by berks1532

Hi,
Im a 20 year old college student in Wisconsin. I was at my ex-girlfirend's appartment, along with her brother, at the time of this inncident. Her brother and I had a cigarette on her upper deck area, nothing out of the usual. Instead of a proper ash tray, she had an old dead flowerpot, with some remains. So when I would smoke a cig(by myself typically, she isn't a smoker, and her brother barely stopped over) I routinely would 'cherry' the cig over the balcony into the lawn below, placing the extinguished filter remains in the flowerpot. On this occasion of shared smoking pleasure on the balcony by her brother and I, I extinguished my cig as usual, while her brother simply jams his non-extinguished cig into the pot with plant remains and old butts. I notice this and even take action to the point of giving a few stomps with my shoe on his butt.

Sure enough, the house caught on fire! We were notified by bystanders and were able to extinguish the flames with water and an extinguisher. The damage was substantial though to the siding. After things settle down that day I discuss with My ex and her brother that is was his cig, not mine and I shouldn't have to accept responsibility for his ignorance of proper safety. He accepted fault. A couple months later the landlord asks for a 500$ deposit for his homeowners insurance. The brother eats the bill.

A couple months after that, after a phone call from State Auto(covering house/rental territory???) Insurance asking to explain what happened, I get a letter from them saying I am equally at fault. The brothers renters insurance covered him being at his sisters house and catching it on fire. So here I am, totally unprepared, a legal virgin, with this Julie lady breathing down my neck threating to contact an attorny. I requested a copy of the fire report and it says we both were smoking out there--placing equal fault in the eyes of an unbiased reader. Am I screwed?

Advice?
Thanks
Steve

**A: yes you are.