Fire Liability

[dave23gmail]

What is the name of your state? VA


There was a fire that occurred in my third floor apartment which started on the balcony and then spread into the attic above my apartment. The fire seemed to have started in a bag of potting soil and the caught onto a table and was sucked into some air vents that go into the attic. My wife and I had a cigarette on the balcony several hours before the fire started, but the butts were extinguished and thrown over the edge (I know that is wrong). The fire marshal’s report says that the fire's cause is unknown but my landlord is trying to hold me liable for repair charges. Also, although it goes off anytime we cook on the stove, the smoke detector did not go off as the fire burned through the power line and it had no battery backup. I have the entire fire marshal’s report if anyone has questions.

 

[HuAi]

Advise your landlord to relay the matter to his homeowners insurance company. If the insurance co believe they can prove you're at fault, they will go after you, otherwise they'll pay out.

How much damage was there (money wise)?

 

[ecmst12]

Your renters insurance will handle everything, if you have it. If you don't, you're screwed. The fire started on your balcony and you can't prove it was not due to something you did. Its likely you will be held liable and could be sued by anyone and everyone who was damaged by the fire. You will probably want to get a lawyer if you have no insurance to protect you.

 

[dave23gmail]

there was a total of $1800 worth of damage, I did not have renters insurance at the time (I do now). The property did not contact thier insurance company at all because they have a $5000 deductable. I thought that they would need to prove that I was at fault to charge me for the damage.

 

[ecmst12]

Right now they probably have enough to hold you liable. Fire marshal confirmed fire started on your patio in your flower pot. You admitted to smoking shortly before the fire started. A spark could have gotten flicked into the pot which started the fire. You'd have to have some pretty convincing evidence that something OTHER THEN your cigarette started it because all the available evidence indicates that's what started it. I would definitely suggest talking to a lawyer though.

 

[dave23gmail]

The fire actually originated in a bag of potting soil that was stored behind a table, there is no way that a rogue spark could have gotten back there. Also note that the fire marshall says in his report that he does not know what started the fire.


Thanks for all of your help.

 

[Ozark_Sophist]

It could have started from spontaneous combustion from the potting soil under the right conditions.

 

[dave23gmail]

thats exactly my point, and the fire marshall told me that at the time, but did not include it in his report. I am not being sued for the money, just billed

 

[ecmst12]

You're not being sued YET. If you refuse to pay, count on it. It was still your potting soil.

 

[applecruncher]

Dave23gmail, this is a good example of why people should always get renter’s insurance. It’s very cheap (usually less than $10 a month). It’s more important than cable, or any other extras. As with health insurance, renters insurance is no longer a luxury – it’s a necessity. Yes, I know you say you have it now, and that’s good, but . . .let this be a lesson.

 

[dave23gmail]

I guess my question is where is the burden of proof. Would they have to prove that I caused the fire through negligence or do I have to prove that I didn't?

 

[Zigner]

I guess my question is where is the burden of proof. Would they have to prove that I caused the fire through negligence or do I have to prove that I didn't?

They have to prove that you caused the fire...

 

[ecmst12]

Civil cases have to prove based on a "preponderance of the evidence". Right now most of the evidence points towards you. You'd need some evidence to refute it.

 

[VeronicaLodge]

It could have started from spontaneous combustion from the potting soil under the right conditions.

and whos potting soil was it? the renter or the LLs?

 

[dave23gmail]

potting soil belonged to the rentor, can the rentor be accountable for spontanious combustion?