Smoke Alarm Wasn't Working

July 31, 2003

LVT Number: 16718

Tenant sued landlord for negligence based on landlord's failure to install a working smoke alarm in tenant's apartment. Tenant fell asleep while cooking a pot of bean curd in oil on the stove. When she woke up, the kitchen was filled with smoke. Tenant was injured when she removed the flaming pot from the stove and put it in the sink to douse it with water. Landlord claimed that the cause of tenant's injury was her act of removing the pot from the stove, not the lack of a smoke alarm. Landlord asked the court to dismiss the case. The court ruled against landlord.

Tenant sued landlord for negligence based on landlord's failure to install a working smoke alarm in tenant's apartment. Tenant fell asleep while cooking a pot of bean curd in oil on the stove. When she woke up, the kitchen was filled with smoke. Tenant was injured when she removed the flaming pot from the stove and put it in the sink to douse it with water. Landlord claimed that the cause of tenant's injury was her act of removing the pot from the stove, not the lack of a smoke alarm. Landlord asked the court to dismiss the case. The court ruled against landlord. Had there been a working smoke alarm, tenant would have received earlier warning of the fire, which might have prevented her injuries. Tenant could proceed with the case against landlord.

Nguyen v. Prime Residential Bronx R&RV LLC: NYLJ, 7/14/03, p. 18, col. 1 (App. Div. 1 Dept.; Buckley, PJ, Mazzarelli, Ellerin, Williams, Gonzalez, JJ)

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