What is the name of your state? New York
Hi, I am rather inexperienced when it comes to liability issues and any advice on this matter would be greatly appreciated.
The situation is: myself and another party (Person 1) were staying overnight at a friend's apartment (Renter) after a Saturday night out on the town. The next morning, the Renter went out for the day, leaving the myself and Person 1 there. I, a smoker, had a cigarette, then took a shower, and watched a bit of tv before leaving the apartment. When I left, I disposed of the ashes in the ash tray (several cigarettes were there from the night before) in the Renter's garbage can (stupid, I know), but the cigarette I had in the morning had been out for at least 45 minutes, and I had disposed of ashes in a garbage can many times before (never again). Person 1 was still sleeping in a separate room.
A few hours later, I get a call that there's been a fire. I obviously feel horrible and totally responsible for the whole thing. The fire went on for a long time, causing around $4000 of damage to the apartment, with fire damage isolated to the kitchen, and the rest of the apartment needing significant cleaning from the smoke. Person 1 slept through most of the fire, and eventually woke up and put it out.
Of course, I feel awful about the whole thing, but there are two potentially mitigating factors in the situation.
1. The Renter had knowingly disabled his fire alarm several months before because it would go off when he showered, or when he would smoke himself. So no alarm went off and the fire was allowed to build.
2. Person 1 woke up and smelled smoke, but hungover from the previous night, decided to go back to bed, and did so for another hour or two, until he woke up again on account of the much larger fire.
Immediately after the incident, I gave the Renter around $400 to pay to clean his couch, drycleaning, et cetera.
Unfortunately, now the building is trying to recoup a little over $3000 for repairs they had to make the fire damaged areas of the kitchen, as they are aware that the Renter did not maintain his fire alarm. The Renter wants me to pay the entire bill. The matter is still being worked out directly between myself and the Renter.
Essentially, my question is: legally, am I 100% at fault and liable for the damages? Or does the fact the Renter knowingly disabled his fire alarm relieve me of some liability? And, does the fact that Person 1 went back to sleep after smelling smoke (and was hungover) matter at all legally?
I feel this situation could potentially wind up in court, and I am trying to gather as many facts and advise as possible. Any help would be greatly appreciated!
thanks.
Hi, I am rather inexperienced when it comes to liability issues and any advice on this matter would be greatly appreciated.
The situation is: myself and another party (Person 1) were staying overnight at a friend's apartment (Renter) after a Saturday night out on the town. The next morning, the Renter went out for the day, leaving the myself and Person 1 there. I, a smoker, had a cigarette, then took a shower, and watched a bit of tv before leaving the apartment. When I left, I disposed of the ashes in the ash tray (several cigarettes were there from the night before) in the Renter's garbage can (stupid, I know), but the cigarette I had in the morning had been out for at least 45 minutes, and I had disposed of ashes in a garbage can many times before (never again). Person 1 was still sleeping in a separate room.
A few hours later, I get a call that there's been a fire. I obviously feel horrible and totally responsible for the whole thing. The fire went on for a long time, causing around $4000 of damage to the apartment, with fire damage isolated to the kitchen, and the rest of the apartment needing significant cleaning from the smoke. Person 1 slept through most of the fire, and eventually woke up and put it out.
Of course, I feel awful about the whole thing, but there are two potentially mitigating factors in the situation.
1. The Renter had knowingly disabled his fire alarm several months before because it would go off when he showered, or when he would smoke himself. So no alarm went off and the fire was allowed to build.
2. Person 1 woke up and smelled smoke, but hungover from the previous night, decided to go back to bed, and did so for another hour or two, until he woke up again on account of the much larger fire.
Immediately after the incident, I gave the Renter around $400 to pay to clean his couch, drycleaning, et cetera.
Unfortunately, now the building is trying to recoup a little over $3000 for repairs they had to make the fire damaged areas of the kitchen, as they are aware that the Renter did not maintain his fire alarm. The Renter wants me to pay the entire bill. The matter is still being worked out directly between myself and the Renter.
Essentially, my question is: legally, am I 100% at fault and liable for the damages? Or does the fact the Renter knowingly disabled his fire alarm relieve me of some liability? And, does the fact that Person 1 went back to sleep after smelling smoke (and was hungover) matter at all legally?
I feel this situation could potentially wind up in court, and I am trying to gather as many facts and advise as possible. Any help would be greatly appreciated!
thanks.