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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I rented an apartment in Denver. There was a fire that the ...

Customer Question

I rented an apartment in Denver. There was a fire that the fire investigator ruled an accident, the owner of the property was paid out by insurance his insurance company for damages, and now not only is he trying to sue me for damages, but also the insurance company is billing me for damages, can either of them do this?
Submitted: 9 years ago.
Category: Legal
Expert:  Dave Kennett replied 9 years ago.

Dear Itaff - This depends on whether you or your apartment had something to do with the fire, accident or not. If the fire emanated from your unit then it may be you or your insurance who would bear the burden depending upon whether there was any negligence involved.

For instance, if you "accidentally" left the stove on and it caused a fire there would be negligence on your part even though it was an accident. This is similar to a car crash where a person "accidentally" runs a stop sign or skids on ice and causes a wreck. Conversely, if the fire was caused by bad wiring in your unit it would have been totally our of your control and the landlord would be responsible.

So, to answer your question, yes it is possible for the landlord and/or the insurance company to sue you if there was negligence in some way on your part. If you have renters insurance you should turn this in to your carrier, otherwise you will have to provide your own defense if you are sued.

David Kennett - JD - Attorney at Law

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