Legal Question in Landlord & Tenant Law in California
accidental discharge of sprinker liability
My wife hung a coat hanger of a sprinkler being unaware of exactly what it was, how it works, how delicate it is and how much damage can result from flooding. Our landlord is seeking $15,000 in reimbursements directly from us. They say their deductible is higher than that. We do not have a rental policy. My question is, what is the percentage of our liability? My argument is not 100%. My wife, recent immigrant, was not aware of precisely how the device works and that it could be set off from incidental contact. Although not required by fire code, there is no information regarding, nor warning in our apartment nor in our lease contract specifically relating to the sprinklers, that they are NOT to be touched, not used to hang and that tenants will be held completely responsible if they are. For example, many hotels post ''do not hang'' warning labels near their sprinklers, most college dormitories post or provide information informing students not to hang from sprinklers, etc. In addition, we had no way to shut off the flow of water and it took 10 mins for the apt maintenace staff to do so. Please advise. I feel the liability is split but not sure how.
1 Answer from Attorneys
Re: accidental discharge of sprinker liability
This is an unfortunate situation. It sounds to me like you have conceded at least some degree of negligence; however remember that without an expert opinion as to whether the sprinkler malfunctioned, is too sensitive etc., you may be stuck with a bill that you really aren't responsible for. In addition, you raise important mitigating factors. With such a significant amount of money at stake, you would be well advised to seek counsel and retain a lawyer if at a minimum, to negotiate on your behalf. I would be happy to discuss the situation with you. Feel free to contact me.
Yours truly,
Bryan Becker
877*201*8728
Member, National Association of Consumer Advocates
www.naca.net
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