If there was a huge fire in the apartment behind mine and all the smoke from it came into my unit, can I sue?
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If there was a huge fire in the apartment behind mine and all the smoke from it came into my unit, can I sue?
Asked on October 19, 2013 under Real Estate Law, California
Answers:
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
You only have a good faith basis to sue if someone's negligence caused the fire. You also need to have damages. So if the tenant in the apartment behind yours negligently caused the fire, and if the smoke from the fire damaged things in your apartment, you may have a lawsuit against your fellow tenant. Likewise, if the landlord's negligence caused the fire, and the smoke damaged your possessions, you may have a case against the landlord. You need duty, breach, causation and harm.
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