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lwpat
lwpat, Criminal Lawyer
Category: Criminal Law
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Experience:  Practicing criminal defense attorney
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In N.C if there is a death in a rental house d to neglegence with a furnace not working

Resolved Question:

My grandson died do to a portable oil heater not being filled properly due to a furnace not working ,can criminal charges be filed
Submitted: 7 years ago.
Category: Criminal Law
Expert:  lwpat replied 7 years ago.

This appears to be an accident so there would be no criminal liability. There may be a product liability suit against the manufacturer of the portable heater but without more I do not see anything criminal here.

 

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Customer: replied 7 years ago.
I know that in NC when you rent the landlord is responsible for maintaining working appliances as well as furnaces
Expert:  lwpat replied 7 years ago.

I understand but the furnace was not the proximate cause. The cause was the portable heater. I am sorry for your loss but there is nothing criminal here, just a tragic accident.