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My wife rented a single family home in Sanford Florida, she…

Customer Question
My wife rented a...

My wife rented a single family home in Sanford Florida, she was heating some cooking oil on the stove when she got a phone call, she forgot about the grease and before she knew it the house was full of smoke and the grease had caught on fire, in her panic to get the pan out of the house she received 3rd degree burns on both arms from her elbows all the way down to both hands completely. There were no smoke alarms in the house anywhere and also no fire extinguisher, does she have grounds for a lawsuit against the landlord?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Submitted: 4 months ago.Category: Legal
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3/6/2018
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'[m very sorry to hear about her situation. This to me sounds like a classic case of negligence because the landlord failed to keep smoke detectors as required by law and that failure led to her injury. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand.

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