Am I responsible for this Damage?

[kafriemel1]

What is the name of your state (only U.S. law)? TX

About 2 Months ago a fire was started on the balcony of our apartment. Reports from the fire department determined that the fire was caused by embers from a cigarette falling through a crack near the patio edge. This caused a small fire which damaged the supports for the patio, which in turn had to be repaired, for a grand total of $2,419.28. I noticed later, after our balcony had been repaired, that other balconies in the complex were being repaired, due to rotten support beams. I'm certain that our balcony had the same problems as these other balconies, but the problem was not known until our balcony had burned down. I also theorize that the fire would not have started had the support beam for our balcony been properly maintained. Do I have any chance of winning this case, or am I just stuck with the bill?

 

[Zigner]

What is the name of your state (only U.S. law)? TX

About 2 Months ago a fire was started on the balcony of our apartment. Reports from the fire department determined that the fire was caused by embers from a cigarette falling through a crack near the patio edge. This caused a small fire which damaged the supports for the patio, which in turn had to be repaired, for a grand total of $2,419.28. I noticed later, after our balcony had been repaired, that other balconies in the complex were being repaired, due to rotten support beams. I'm certain that our balcony had the same problems as these other balconies, but the problem was not known until our balcony had burned down. I also theorize that the fire would not have started had the support beam for our balcony been properly maintained. Do I have any chance of winning this case, or am I just stuck with the bill?

Your cigarette was determined to have caused the fire. Yes, you are responsible for it.

 

[Cvillecpm]

You are stuck and if you don't pay, the landlord's insurance co will come after you BIG TIME!!

 

[kafriemel1]

If the balcony were properly maintained though, ie, free of cracks through which a hot ember could fall, and free or rotted wood to act as fuel for that fire, I would understand why I am at fault. It seems to me as if the apt should be responsible, because of the fire hazard caused by the un-maintained balcony. NO?

 

[sandyclaus]

Cause & Effect

What is the name of your state (only U.S. law)? TX

About 2 Months ago a fire was started on the balcony of our apartment. Reports from the fire department determined that the fire was caused by embers from a cigarette falling through a crack near the patio edge. This caused a small fire which damaged the supports for the patio, which in turn had to be repaired, for a grand total of $2,419.28. I noticed later, after our balcony had been repaired, that other balconies in the complex were being repaired, due to rotten support beams. I'm certain that our balcony had the same problems as these other balconies, but the problem was not known until our balcony had burned down. I also theorize that the fire would not have started had the support beam for our balcony been properly maintained. Do I have any chance of winning this case, or am I just stuck with the bill?

The answer is a resounding NO. You cannot win if you fight paying. Why? Because the cigarette you (or your co-occupant or invited guest) dropped started the fire. That is clear cause and effect.

The damaged support beams from the fire allowed the LL to discover the rotten support beams elsewhere in the complex. A rotten support beam may have burned faster, but it STILL WOULD HAVE BURNED. In fact, had they been intact, the fire would have burned hotter and potentially caused even MORE damage to the structures. That blows your "I'm not responsible" theory right out of the water.

Pay up for your damages. (I'll bet you don't have renters insurance for this, do you?) And anticipate a non-renewal of your lease at the end of the term (or sooner). LL doesn't need this kind of liability on his property. Who knows what you'll burn up with that next stray cigarette butt?

 

[kafriemel1]

The Police report says "possible person was smoking and caught balcony corner on fire..." Is this conclusive enough to put all of the blame on me?

 

[Cvillecpm]

YES * you have CUSTODY, CARE and CONTROL of the balcony and who enters it.....keep dancing - you'll get the same answers

 

[sandyclaus]

Let me put it to you this way...

If the balcony were properly maintained though, ie, free of cracks through which a hot ember could fall, and free or rotted wood to act as fuel for that fire, I would understand why I am at fault. It seems to me as if the apt should be responsible, because of the fire hazard caused by the un-maintained balcony. NO?

Think of it in these terms...

The smoking on the balcony and dropped ashes and cigarette butts were the cause of the fire. The damage to the support beam and balcony happened as a result of the fire. The rotten support were discovered only as a result of the investigation after the fire occurred.

If someone had not been careless with the cigarette, no ashes would have fallen and no burning embers would have caught the support beam on fire in the first place.

Stop trying to find someone else to blame! Using a proper ashtray and watching where those ashes were being flicked would have easily prevented the fire. Who knows when the rotten support beams would have ever been discovered or if they would have caused a problem with YOUR balcony at all?