Landlord Responsible for Injuries Caused by Fire

Tenants sued landlord after they were injured in a fire in their apartment building. The court ruled for tenants after a jury trial. The court awarded tenants' husband and wife over $1.5 million for past and future damages. Landlord appealed, claiming that it wasn't responsible for tenants' injuries. Landlord claimed that the fire was started by an arsonist and argued that this was an unforeseeable criminal act. The appeals court ruled against landlord. The fire marshal's report drew no conclusions as to the cause of the fire. The police report stated only that the fire was suspicious. And tenants proved that landlord didn't provide operating smoke alarms or repair the defective fire-resistant door to their apartment. The court ruled against landlord, except that it ordered a new trial on the issue of future damages. The appeals court found the jury award of $1 million excessive.

Salmon v. Wendell Terr. Owners Corp.: NYLJ, 3/5/04, p. 29, col. 2 (App. Div. 2 Dept.; Miller, JP, Miller, Crane, Rivera, JJ)