If there was a huge fire in the apartment behind mine and all the smoke from it came into my unit, can I sue?

Get Legal Help Today

 Secured with SHA-256 Encryption

If there was a huge fire in the apartment behind mine and all the smoke from it came into my unit, can I sue?

Asked on October 19, 2013 under Real Estate Law, California

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

You only have a good faith basis to sue if someone's negligence caused the fire.  You also need to have damages.  So if the tenant in the apartment behind yours negligently caused the fire, and if the smoke from the fire damaged things in your apartment, you may have a lawsuit against your fellow tenant.  Likewise, if the landlord's negligence caused the fire, and the smoke damaged your possessions, you may have a case against the landlord.  You need duty, breach, causation and harm.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption