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Who is Liable for Texas Apartment Fires?

When you live in an apartment you have no control over whether other tenants are cautious when they do things like cook or smoke. As a result, many apartment fires are started by tenant negligence. But sometimes the landlord’s negligence either causes or contributes to the spread of the fire. Things like failing to maintain the electrical wiring in the walls or the fire prevention and alert systems can have catastrophic consequences. If you have lost life or property due to an apartment fire, you may have the right to sue your landlord for negligence in failing to maintain the property in a safe and habitable condition.

Does a Landlord’s Insurance Cover Tenant’s Losses in a Fire?

Typically, the landlord’s insurance covers damage to the building and premises, the landlord’s property on the premises, and liability to third parties due to the landlord’s negligence. It does not necessarily cover damage to your property through no fault of the landlord.

When is a Landlord Responsible for Apartment Fire Damages?

Apartment Fire

Firefighters battle a multi-floor apartment fire.

Generally, the landlord will only be liable for the tenant’s losses if the damages were caused by the landlord’s negligence in either starting the fire or allowing a condition that led to the fire occurring or spreading to increase the harm.  For example:

  • The landlord failed to supply and maintain smoke detectors as required by law, and the absence of smoke detectors delayed discovery of the fire and led to increased damages
  • The landlord blocked (or allowed blockage of) passageways or emergency exits, preventing victims from escaping the fire
  • The landlord unreasonably stored hazardous materials in the building and the presence of those materials accelerated the fire
  • The landlord failed to meet applicable fire code standards of construction.

What if Landlord Negligence Did Not Cause the Fire or Increase the Harm?

It’s possible that another party may be liable for the harm caused by an apartment fire. For example, if the fire was caused by a defective appliance, lamp, or other product, the manufacturer and supplier may be legally responsible. These possibilities must be explored by your attorney.

In some cases, though, the victim or victims may not be able to recover damages from the responsible party. The most obvious example is a situation in which another tenant’s negligence caused the fire. Unless the tenant carries renter’s insurance that would cover the losses, it may be impossible to collect simply because few individual tenants have sufficient assets to pay for the damages and injuries caused by a significant residential fire.

Apartment Fire Insurance FAQ

Does My Landlord’s Insurance Cover Apartment Fire Damage?

Your landlord most likely has commercial general liability coverage which will cover his repair costs to rebuild/repair the apartment. However, unless you can prove that the landlord was negligent and therefore, legally liable for the damage, your landlord’s insurance will not cover the damage to your property from an apartment fire. You need to have your own policy in place if you want to be sure you have fire protection for your property loss.

Does My Renter’s Insurance Cover Fire Losses?

If you’ve suffered losses in an apartment fire, your own renter’s insurance may pay to replace much of your property and cover your liability (or a portion of your liability) if you were responsible for the fire. However, renter’s insurance policies vary, so it’s important to discuss the specifics with your insurance agent and make sure you have adequate coverage. You will be making a first-party claim vs a third-party insurance claim when you have your own insurance coverage.

Talk to a Lawyer Regarding Your Apartment Fire

Determining liability for an apartment fire generally requires an investigation into the cause of the fire. This may be complicated and expert opinions may conflict. Naturally, the landlord and the landlord’s insurer will quickly go to work attempting to avoid liability for the harm done by the fire.

If you’ve suffered injuries and losses in an apartment fire or have lost a loved one, it is in your best interest to consult an experienced personal injury attorney as soon as possible, before evidence is lost or destroyed.

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