Tenant Claims Smoke Detector Wasn't Functioning

March 1, 1997

LVT Number: 11292

Tenant sued landlord for damages after an apartment fire destroyed property in his apartment. Tenant claimed landlord was negligent because he hadn't installed a smoke detector in tenant's apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court also ruled for landlord. Since there was no information as to the nature or duration of the fire, tenant couldn't prove that the damage was caused by the lack of the smoke alarm.

Tenant sued landlord for damages after an apartment fire destroyed property in his apartment. Tenant claimed landlord was negligent because he hadn't installed a smoke detector in tenant's apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court also ruled for landlord. Since there was no information as to the nature or duration of the fire, tenant couldn't prove that the damage was caused by the lack of the smoke alarm. The fact that tenant's neighbors said they might have heard a smoke alarm if there had been one wasn't sufficient reason to hold landlord responsible.

Ferri v. Crane: NYLJ, p. 27, col. 3 (2/3/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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