Was NYCHA Responsible for Tenant's Death?

Tenant sued landlord NYCHA for negligence based on a fire in tenant's apartment. One of tenant's family members died and others were injured. Tenant claimed that landlord didn't properly install a hardwired smoke detector in the apartment and that the death and injuries were caused by the smoke detector's failure to sound at the time of the fire. Landlord asked the court to dismiss the case, arguing that the fire was caused by children playing with matches in the apartment. The court ruled against landlord. There were questions of fact as to whether landlord had fulfilled its duty to properly install a hardwired smoke detector in the apartment in accordance with the city code and whether an improper installation on the same circuit as an overhead light led to the smoke detector's failure on the morning of the fire. There were also questions as to whether the smoke detector's failure to sound was the cause of the injuries and death.

Taylor v. NYCHA: 2012 NY Slip Op 22066, 2012 WL 833237 (Sup. Ct. Kings; 3/8/12; Schmidt, J)