Can the apartment complex be held liable for the fire?

[Tduck]

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

I recently moved into a townhouse in an apartment complex. I finished moving in around 2am and at 4am, that same morning, the place caught fire and was severely damaged. Most of the things I owned were destroyed either by fire or water from the firemen. I did have renter's insurance that went into effect at 12:01am.

The information released so far is that the fire was cause by electrical wiring in the wall. I didn't have anything plugged in yet so unless it was from me turning on the heater there was nothing that could have caused the conduit to short/ignite.

Now when I'm in a car wreck if it's my fault I have to use my insurance and if it's their fault they have to use their insurance. Is it the same for apartment complexes? It wasn't me knocking over a candle or something like that it was a fault in their electrical system somewhere.

I'm not wealthy and am currently looking for what legal grounds I have to stand on. I'm in the state of Texas and would like to know if there's a way to make the complex liable for my belongings. I don't want a claim on my record if I don't have to.

Thank you for any help!

 

[moburkes]

Well, in order for them to be found liable, you'd need to sue them in court. You might want an attorney with you. OR you can file the claim through your insurance company, and let THEM and THEIR attorneys do the work. Your choice.

 

[ecmst12]

In order for the complex to be held liable, you would have to prove that they KNEW the wiring was faulty and chose not to repair it. If they had no way of knowing that there was a problem, then it was just an accident which neither you nor they are liable for. In that case, they are responsible for the damage to the building and you are responsible for your own belongings. Fortunately, you had insurance which should take care of that for you.

 

[Zigner]

I'd like to take this opportunity to congratulate the OP on being a smart cookie. All to often, renters feel that they don't need renter's insurance. It's dirt cheap, and protects you in just this sort of incident.

Good job, OP!

 

[Tduck]

I did have the insurance and will never go without it. It's looking like the heater of the unit caused the fire shortly after I turned it on. My renters insurance will cover the replacement of most items however there were a few items antique in nature that held a much higher value. I'm going to be researching into if heater units are required to be inspected so often and if it wasn't inspected as required then follow up with a suit for the rest of the damages.

 

[Zigner]

I did have the insurance and will never go without it. It's looking like the heater of the unit caused the fire shortly after I turned it on. My renters insurance will cover the replacement of most items however there were a few items antique in nature that held a much higher value. I'm going to be researching into if heater units are required to be inspected so often and if it wasn't inspected as required then follow up with a suit for the rest of the damages.

Anything you collect will have to be returned to your insurance company the help reimburse them. It's in your policy.

 

[ecmst12]

You should have had special coverage for those items if they had special value...

 

[AutoHomeAgent]

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

I recently moved into a townhouse in an apartment complex. I finished moving in around 2am and at 4am, that same morning, the place caught fire and was severely damaged. Most of the things I owned were destroyed either by fire or water from the firemen. I did have renter's insurance that went into effect at 12:01am.

The information released so far is that the fire was cause by electrical wiring in the wall. I didn't have anything plugged in yet so unless it was from me turning on the heater there was nothing that could have caused the conduit to short/ignite.

Now when I'm in a car wreck if it's my fault I have to use my insurance and if it's their fault they have to use their insurance. Is it the same for apartment complexes? It wasn't me knocking over a candle or something like that it was a fault in their electrical system somewhere.

I'm not wealthy and am currently looking for what legal grounds I have to stand on. I'm in the state of Texas and would like to know if there's a way to make the complex liable for my belongings. I don't want a claim on my record if I don't have to.

Thank you for any help!

It doesn't look good for the Apartment complex, since the report showed faulty wiring was the cause then they would be liable. It is correct in saying you will need take them to court over it. A lawyer can help or have the Insurance company do it for you. Either way, it comes down to the following;

1. Loss of Personal Property
2. Loss of Use
3. Hardship

Since your not at fault in this, it is not held as a claim hanging over your head. You do need to pursue it. Make sure you get the necessary documentation from the Fire Authority on the faulty wiring being the cause. Turning a light on and off does not in any way make you liable at all. Common use of an Apartment is allowed. It doesn't matter if the lights were turned on and off 100x, your rental was to be expected for Safety meeting all the conditions of the State in which you reside. Faulty wiring will go after the Liability policy of the Apartment complex.

 

[moburkes]

Why does OP need to pursue this? That's what his insurance company pays its attorneys and subrogation unit for.

 

[Banned_Princess]

Why does OP need to pursue this? That's what his insurance company pays its attorneys and subrogation unit for.

Exactly.



Kudos on having the insurance poster, now use it.