Can I sue a worker for causing a fire to our home if the landlord hired him?
We were renters of a house that caught on fire when a heater technician our landlord hired was fixing it. As he closed the heater door thick black smoke was coming out of the vents and the whole roof was on fire. He did not work for a company, but was a friend of our landlords for many years. We lost pretty much everything, and what we did not lose was covered in thick black asbestos dust. Anyway, the heater technicians insurance paid us half of what we lost and said the landlord was responsible for the other half as the insurance claim was paid 50/50. I filed a claim with the landlords insurance and they denied the claim stating that in the lease we needed to carry renters insurance. Isn't it the landlords fault for not making sure that the heater technician was qualified so does that not make it part his fault, too? I am thinking of suing for the rest of the money, but don't know if the landlord will be found negligent.
Answered By: Law Office of Jared Altman
The landlord would not generally be responsible for the negligence of an independent contractor that he hired. FYI, you having or not having renter's insurance is irrelevant. Also, your company should not have made any deduction. It's their responsibility to pay you and go after the landlord itself if it wants to.
Answer Applies to: New York
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Andrew T. Velonis, P.C.
So go ahead and sue him, you have nothing to lose. Renters insurance makes no difference, because if you had renters insurance, they would pay you on your loss and then turn around and sue the landlord to get their money back. No, you don't know if he will be found negligent, but if you lose you will be no worse off than you are now. Also: I hate to say this after the fact, but it probably was not a good idea to settle for only have against only one of the parties but you've probably kicked yourself over that already.
Answer Applies to: New York
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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