Landlord Partially Liable for Apartment Fire

April 1, 1993

LVT Number: 6840

Facts: Tenants father, mother, and child sued landlord for negligence when they were injured in an apartment fire. Tenants claimed that landlord didn't install a smoke detector in the apartment. The fire started because the father had fallen asleep, leaving a pot of soup cooking on the stove. The trial court ruled that landlord was 100 percent responsible for injuries to the mother and child and 25 percent liable for injuries to the father. Landlord appealed. Court: Landlord loses. Landlord was 25 percent at fault for father's injuries for not installing the smoke alarm.

Facts: Tenants father, mother, and child sued landlord for negligence when they were injured in an apartment fire. Tenants claimed that landlord didn't install a smoke detector in the apartment. The fire started because the father had fallen asleep, leaving a pot of soup cooking on the stove. The trial court ruled that landlord was 100 percent responsible for injuries to the mother and child and 25 percent liable for injuries to the father. Landlord appealed. Court: Landlord loses. Landlord was 25 percent at fault for father's injuries for not installing the smoke alarm. Landlord was fully liable to mother and child since landlord and father were both responsible for the fire. Any negligence on the father's part didn't prevent a finding of negligence against landlord for mother and child's injuries.

Reyes v. 38 Sickles Street Corp.: 591 NYS2d 469 (12/14/92) (App. Div. 2 Dept.; Sullivan, JP, Rosenblatt, Miller, Ritter, JJ)

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