Landlord Not Responsible for Apartment Fire

May 31, 2008

LVT Number: #20463

Tenant sued landlord for negligence after his child was injured in an apartment fire. Landlord claimed that it wasn't responsible for the child's injuries and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. The investigating fire marshal stated in pretrial questioning that the fire was caused by a problematic extension cord that was sitting next to flammable materials. There was no defect found in the building's wiring system or the outlet. Landlord also had given tenant smoke detectors and maintained them.

Tenant sued landlord for negligence after his child was injured in an apartment fire. Landlord claimed that it wasn't responsible for the child's injuries and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. The investigating fire marshal stated in pretrial questioning that the fire was caused by a problematic extension cord that was sitting next to flammable materials. There was no defect found in the building's wiring system or the outlet. Landlord also had given tenant smoke detectors and maintained them. The fire hadn't spread because of the absence of a self-closing door. Reports from tenant's experts weren't based on facts in the record or on personal knowledge. The lower court properly dismissed the case.

Delgado v. NYCHA: NYLJ, 5/29/08, p. 33, col. 6 (App. Div. 1 Dept.; Andrias, JP, Saxe, Sweeny, Moskowitz, DeGrasse, JJ)

Topics

More like this