Is Landlord Responsible for Tenant's Injuries from Fire?

June 30, 2011

LVT Number: #23500

Tenant sued landlord after being injured in a building fire. Landlord claimed that it wasn't responsible because someone had set a mattress on fire in the building hallway. The court ruled for landlord and dismissed the case. Tenant appealed, and the case was reopened. A trial was needed to determine whether the rooftop door was defective and prevented tenant from escaping the fire. There were also questions about whether the fire was deliberately set or unforeseeable.

Tenant sued landlord after being injured in a building fire. Landlord claimed that it wasn't responsible because someone had set a mattress on fire in the building hallway. The court ruled for landlord and dismissed the case. Tenant appealed, and the case was reopened. A trial was needed to determine whether the rooftop door was defective and prevented tenant from escaping the fire. There were also questions about whether the fire was deliberately set or unforeseeable.

Santos v. Amsterdam Apartments Manager LLC: NYLJ, 6/30/11, p. 26, col. 5 (App. Div. 1 Dept.; Gonzalez, PJ, Tom, Andrias, Renwick, Abdus-Salaam, JJ)

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