If a visitor lays a cigarette in an ash tray and it falls out of the ash tray and starts a fire, whose liable – the tenant or their visitor?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a visitor lays a cigarette in an ash tray and it falls out of the ash tray and starts a fire, whose liable – the tenant or their visitor?
Asked on January 27, 2016 under Real Estate Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
A person who damages another's property is liable for the cost to repair, so legally, if your daughter did cause or contribute to the fire, such as by placing a burning cigarrette down in an ash tray were it could easily fall or be knocked over, she could be held responsible for the costs. However, the issue is whether what she did--i.e. the way she put down the cigarrette, especially in light of a dog being in the room; and/or the fact that she evidently left a lit cigarrette unattended (since if she was present, she would have seen it fall and could have stopped the fire before it really got going)--was negligent, or careless. If it was negligent, she would be liable; if not (if she was not careless), she would not be.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.