Legal Question in Criminal Law in California

I live in a condo building and the upstairs owner's girlfriend set the place on fire while my family was home. Thank God nobody was hurt! We have flood damage from the sprinklers. She's being charged with arson and attempted murder if that means anything. Apparently we only had dwelling insurance, so walls and ceilings were covered; personal possessions, carpet, and paint are not covered. They didn't have insurance at all upstairs (it lapsed 20 days prior).

I realize everything is now going to be out of pocket for me until I can go through a lawsuit, but I'm trying to figure out if I have a leg to stand on if these people upstairs don't have much money. Do I go after him for owning the place? Do I go after her for the crime? Do I go after his mortgage company? Do I walk away and try to get a fresh start in life?

My big concern is that I don't have a lot of up front money to pay for interior restoration, and I'm not "sue happy," but let's face it, if there's someone else I should be going after to compensate this whole ordeal, then I need to head in that direction.

Thanks a bunch!


Asked on 11/14/10, 9:38 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

You have problems. A person is not responsible for the crimes of another. If she had negligently caused a fire, you could probably sue him, but not if she was attempting to murder him. You can sue her, but does she have anything, and will she have any of that left after lawyer fees for her criminal case? As part of her sentence, you can ask the court to require restitution as to your damages. The lender of the mortgage on the unit has no liability; they had no control over the unit, so why should they have any liability. However, I do not understand how your insurance covers the walls but not the paint on them [restoring the damage to the walls means making the walls look as they did before the ilncident, which means they have to be painted]. The carpet on the floor, especially if it is wall to wall, may also be covered by the policy.

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Answered on 11/19/10, 10:20 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Shers if the daughter was an adult at the time of the fire. If she was a minor her parents may be liable to you, at least up to a point.

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Answered on 11/20/10, 12:16 pm


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