Legal Question in Insurance Law in California

third party liability in house fire.

Arsonists burned an abandoned house next door. The fire spread to my garage, destroying the structure and its contents. The building where the fire originated was already partially burned out and filled with old clothing. The land was used as an easement by children and it was foreseeable that someone would start a fire. Even though a couple has been charged with arson, is the owner of the building liable for damage to my garage?


Asked on 3/30/08, 9:24 pm

2 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: third party liability in house fire.

Maybe. There is a body of case law regarding the duty of care of a possessor of land to prevent criminal conduct which harms others. You need to discuss this with a lawyer who handles real property tort cases. The liability of the two defendants also exists.

And perhaps your own property insurer will pay your loss.

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Answered on 4/04/08, 2:51 pm
Lowell Houghton Law Offices of Hagop Chopurian

Re: third party liability in house fire.

Not unless they violated some fire codes or something. They are not responsible for the acts of an arsonist.

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Answered on 4/03/08, 8:26 pm


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