Can tenants who lost their home due to an apartment fire caused by faulty wiring sue their landlord?

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Can tenants who lost their home due to an apartment fire caused by faulty wiring sue their landlord?

Numerous complaints had been made about electrical issues but nothing was ever done. Multiple people had problem with their lights going out at random, but when the light switch was moved it would come back on. 6 out of 12 apartments were damaged but left 12 families without housing. This was Section 8 housing accomodating mostly elderly individuals. Other problems reported to the landlord, but nothing was done was water heater going out, plumbing issues, and cockroaches. This has caused a lot of distress for these families as there is very limited housing that is Section 8 approved. Some are still without a place to live.

Asked on October 18, 2012 under Real Estate Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It would be worthwhile for the tenants to consult in person with an attorney (especially if the attorney provides a free initial consultation, as many do). A landlord can be held liable for his/her failure to take reasonable steps to correct a known problem and prevent injuries or losses. If electrical problems were reported by multiple persons and/or on multiple occasions to the landlord, that may have been enough to put the landlord on notice that there was a condition which he or she had to examine and possibly correct. If so, the tenants may be able to recover for any losses (e.g of property; the cost of having to stay in a hotel) occasioned by the fire.


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