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wrongful death

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former friend

My husband is being sued for the wrongful death of a friends 24 year old son. He rented a farmhouse from us. The parents assert the furnace malfunctioned and caused his untimely death. Upon inspection, without others present,an inspector hired by the parents of the deceased found a small spot of rust on the damper and a nest in the chimney. The boys roomate had heard him snoring when he left for work . The boy was sleeping in after a visit to his girlfriends which was 3 hours away by car. The furnace had never had a problem before. Propane was delivered the a.m. of the accident. Weather conditions were changing. It was warmer that usual and with snow in the forcast. It was March. The chimney cap is different than the original one put on by previous renters when the furnace was installed. Furnace was older type. The deceased had lived happily at the place for a year and a half and had signed a lease for another year 6months before the accident. We paid to take care of any problems that were brought to our attention. We had hired a certified electrician to fix a wireing problem for them at the house previously. The lease he signed states the leassee takes possesion of the home "as is" and without any liability to my husband. Will this stand up in court? There was never a problem with the furnace before this. How can someone sue you for negligently maintaining a furnace if you didn't know about any problem. From what I understand CO poisoning can happen with a furnace at any time, properly maintained or not. Wasn't this the leassee's responsibility? The lease he signed is a basic renters agreement drawn up by our attorney. The roomate is alive and well and will be asked to testify. Thanks for any help you can provide.
The wife



I can't tell you who is going to win, but the family of the 24 yr old certainly has a very strong case from your description here. Turn this over to your homeowner's insurance carrier.

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