Can I Sue If Someone Caused a Fire in My Apartment Building?

• May 3, 2024
• The Stoddard Firm
• Catastrophic Injury

Apartments can be dangerous places in terms of fire safety. For people who survive apartment fires and burn injury accidents, the task of putting a life back together is daunting and massive. It’s normal to have lots of questions, most pressingly questions of finance and liability.

A landlord’s responsibility to pay for tenants’ losses seems obvious enough if the fire started with bad wiring or faulty pre-furnished appliances, but what if another tenant caused the fire? The good news is that if you’re affected by a fire that started in a different unit of your building, you do have a case against your landlord for the damages, regardless of how it started.

Your Neighbors Are Part of The Danger Your Landlord Must Protect You From

While things like inadequate electrical and heating maintenance or lack of fire and carbon monoxide detectors do pose serious fire hazards in apartment buildings, many residential fires start with simple human error on the part of tenants. Some of the most common causes are cooking accidents, candles, and cigarettes. Children playing with fire is another fairly frequent source.

Although less common, arson is also a significant concern for apartment residents. Just like any other violent crime, landlords must do what they can to protect their tenants from arson, such as maintaining adequate security, taking all threats seriously, and evicting tenants who endanger their neighbors with patterns of violent criminal behavior.

Once a fire starts in a multifamily building, it has a 9% chance of spreading to more than one room, according to the U.S. Fire Administration. If it is not immediately confined to a nonflammable container, that chance rises to 32%. This is where landlord responsibility comes in, even in accidental fires. The danger of one resident’s accidental fire affecting other residents through no fault of their own is a predictable one, so landlords have a duty to take reasonable steps to stop this from happening.

Strong Fire Safety Measures Can Prevent Tenant-Caused Fires from Getting Out Of Hand

It might seem counter-intuitive to hold your landlord responsible for a fire that someone else started. However, even if there was nothing your landlord could have done to prevent the fire from starting, fire safety isn’t just about prevention. It’s also about minimizing the damage from fires after they start.

Some of the most basic and important requirements under the International Fire Code and Building Code don’t come into play until ignition has already occurred. For example, fire extinguishers, smoke alarms, clear exit routes, emergency lighting, and fire-retardant walls and doors won’t stop fires from happening, but they do give people a chance to put them out quickly or, failing that, escape before conditions inside the building get too dangerous.

If your neighbor’s fire was able to spread quickly and easily to your unit, that’s an indication that your building wasn’t up to code, which is definitively your landlord’s responsibility.

Other Parties Who Could Be Responsible for Your Damages

It is not only your apartment complex or neighbors that could be responsible for compensating you for your damages. Law enforcement officials will likely conduct an extensive investigation into what caused the fire, as will your premises liability attorney. The results of this investigation will determine who should be sued.

If it is determined that the apartment complex’s negligence contributed to the fire, our team can help you pursue a legal claim against them, demanding reimbursement of your damages. However, there are also other parties who could share liability. Some of these parties include:

• Construction workers and contractors
• Equipment manufacturers and designers
• Anyone who set the fire intentionally
• Government agencies
• Georgia Power or other electric companies.

Filing an Insurance Claim May Allow You to Avoid Going to Court

Once you enlist the services of a personal injury attorney, you can explore your legal options for financial relief. Many fire victims like you often turn to insurance claims to recoup a portion of their damages. Depending on the circumstances of your case, there are several potential insurance claim filing opportunities that may be available to you. These could include:

• Filing a claim against the property owner’s homeowners insurance policy
• Filing a claim against your renter’s insurance policy
• Filing a claim against the liable party’s general liability insurance policy
• Filing a commercial insurance policy claim.

However, insurance is unlikely to cover your damages in full. Many of these insurance policies do not offer any type of compensation for non-economic damages like pain and suffering. If you hope to maximize your settlement and get the most out of your claim, you should also prepare to pursue a personal injury lawsuit. According to Georgia Code § 51-12-4, you could be awarded full compensation for your compensatory damages.

Connect With a Trustworthy and Experienced Georgia Premises Liability Attorney Today

Experiencing a fire can be incredibly traumatic. Not only are you dealing with emotional trauma and physical injuries related to the event, but the financial losses that come with total destruction can be devastating. Fortunately, when you have a reputable Georgia premises liability lawyer advocating for your rights, you have a chance to hold the liable party accountable and recover the compensation you need to get through these difficult times.

Reach out to The Stoddard Firm to learn more about your options for compensation after an apartment fire. You can complete our online contact form or call our office at 470-467-2200 to schedule your free, no-obligation consultation as soon as today.