Tenant's Family Claimed Lack of Smoke Detector Caused Deaths

April 1, 2005

LVT Number: 17984

Tenants' family sued landlord for wrongful death after tenants died in an apartment fire. They claimed that landlord didn't install smoke detectors in the apartment. Landlord asked the court to dismiss the case without a trial. Landlord claimed that tenants burned candles in the apartment and that this was the cause of tenants' deaths. Landlord claimed that it had installed a working smoke detector in the apartment. The court ruled against landlord. Each side relied on conflicting reports and testimony from pretrial questioning.

Tenants' family sued landlord for wrongful death after tenants died in an apartment fire. They claimed that landlord didn't install smoke detectors in the apartment. Landlord asked the court to dismiss the case without a trial. Landlord claimed that tenants burned candles in the apartment and that this was the cause of tenants' deaths. Landlord claimed that it had installed a working smoke detector in the apartment. The court ruled against landlord. Each side relied on conflicting reports and testimony from pretrial questioning. A trial was needed to determine whether landlord had installed a working smoke detector, and whether the lack of a smoke detector caused the deaths.

Baez v. JMM Audubon, Inc.: NYLJ, 3/30/05, p. 22, col. 3 (Sup. Ct. NY; Goodman, J)

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