Can you have liability without negligence regarding a fire on your neighbor’s property?

UPDATED: Oct 27, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 27, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can you have liability without negligence regarding a fire on your neighbor’s property?

If someone is claiming “liability” with respect to my electric meter caused a fire that burned my neighbor’s deck (since both electric meters are located on their side of our duplex). Does that potential for liability by definition suggest negligence. Clearly the wires were not adjusted or maintained or altered by me – it seems just a random act of wires that have dried/cracked. No one in our community has updated their wiring – it is not like a chose to not update wiring.

Asked on October 27, 2014 under Real Estate Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As a property owner, you are liable for the fire damage to your neighbor's property whether or not you were negligent.

Negligence is the failure to exercise due care ( that degree of care that a reasonable property owner would have exercised under the same or similar circumstances to prevent foreseeable harm); such as inspecting and maintaining the wiring.

Another type of liability where negligence does not need to be established is strict liability.  Strict liability imposes liability whether or not due care was exercised.

It would be advisable to refer the matter to your homeowner's insurance carrier, which will handle the case for you and provide you with an attorney at no cost to you.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption