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My former landlord is taking me to small claims for damages. This is what happened: Landlady asked that we have her there if we needed to move stove cuz she didn''t want damage to floor. We had to move it to bring washer into basement. We set a date and time & she came over. My boyfriend & his father moved the stove with her present, but they moved it cause she would have trouble moving it herself. No complaints from her. Afterwards, stove is moved back into place by the guys, still with landlord present. Everyone smelled a bit of a gas smell. My landlady decided it was the pilot and supposedly relit them. Then she said if the smell did not go away to deal with it then. All left, except myself & when boyfriend returned, he smelled gas strongly. He went to turn off the gas behind stove & small flames caught. We ran out & shut off gas outside and called 911. Now, she is suing for damage to stove (burn mark) and for repairing the supply line cuz I let my guests move the stove. Is this fair

Submitted: 472 days and 19 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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binghamton, New York

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Accepted Answer

Well, those who actually moved the stove would be liable for the damage if it was caused through their negligence. While she was present and observing, she was not actually moving the stove. If I were you, I would argue that she contributed to the incident by not calling the gas company or a plumber immediately when she smelled the gas, thus you should only be liable for the broken gas line and she should be liable for rhe burn marks.

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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 8/8/2008

Attorney

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

472 days and 1 hours ago.

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Reply to PaulMJD's Post: Ok..I understand that. But why should we be responsible for a connector breaking that is meant to be a flexible hose to begin with. My landlord previously told us that the former tenants moved the stove back and forth all the time so I see this that she was aware that it could have been weakened. It just happens to be that the time that it was moved for our needs, it cracked. It seems it would be more of a ticking time bomb issue than anything else and just our luck that it broke when we moved it. I thought this would be more an issue of regular maintenance problems, but I could be wrong.

Posted by PaulMJD 472 days and 1 hours ago.

Answer

That would be your defense in court and it is a very plausible defense. You would have to question her as to the age of the hose and how many times it has been moved over the years to establish that the damage to the hose was caused by ordinary wear and tear and if the hose was in good shape your movement of the stove would not have caused any problems. Again, she also bears some responsibilty under the theory of NY's pure comparative negligence scheme, the amount of her recovery will be reduced by the amount of fault you can show that she had in the matter. While she may have some recovery, the court can decide her percentage of fault, which will reduce the amount she will recover.

472 days and 1 hours ago.

Reply

That's helpful and makes sense to me. I appreciate you taking time to answer the questions and I've been pleased with my first experience using this service. Thank you for your time.

Posted by PaulMJD 472 days and 1 hours ago.

Answer

You are welcome and good luck to you.

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