Firefighter Injured Fighting Apartment Fire Can Sue Tenant for Negligence

NYC firefighter sued tenant for damages after he was injured while fighting a fire in tenant's apartment. He claimed that tenant was negligent in leaving a hot plate plugged into a timer, in the "on" position when she left the apartment to go to a friend's home for dinner. The court granted tenant's request to dismiss the case without a trial. The firefighter appealed, and the case was reopened. Tenant could be held liable under the Firefighter's Law if it was proved that there was a practical or reasonable connection between a law or code violation and the firefighter's injury. An expert fire investigator stated that, by leaving the apartment with the electrical heating devices on, tenant delayed the discovery of the fire and allowed it to grow and spread. So there was a sufficient connection between claimed negligence and the firefighter's injury. 

Walsh v. Michelson: 2017 NY Slip Op 08616, 2017 WL 6043590 (App. Div. 1 Dept.; 12/7/17; Manzanet-Daniels, JP, Mazzarelli, Kapnick, Webber, JJ)