Legal Question in Personal Injury in California

Apartment Fire Caused By Maintenance Person...

On Sept. 20th, the maintenance man employed by my apartment building was working with a torch inside one of the walls in a unit a floor below mine. He accidently started a fire that rendered 6 units, including mine, uninhabitable due to structural damage. After fleeing the fire, we began staying on a friend's couch in the same complex while trying to work relocation out with the management company. Three weeks after the day of the fire, we were finally offered another apartment and told the manager we needed a day to think it over. That night there was another fire in the unit adjacent to the one we were staying in that we had to again flee. We decided to move completely off the premesis. The insurance company wants receipts of relocation expenses. At first the manager offered to pay relocation fees to another complex, now she is avoiding us. We have been unable to afford to move yet, what are we intitled to?


Asked on 10/20/02, 9:55 pm

4 Answers from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Apartment Fire Caused By Maintenance Person...

Sue the owner of the apartment. If your expenses are less than Five thousand dollars ($5,000.00) or you are willing to accept that amount as the limit of your claim, you can take your case to Small Claims Court, which is fast, lawyer free, and inexpensive. If more than that amount, I'm afraid you'll have to file a regular action against the owner.

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Answered on 10/23/02, 3:17 am
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Apartment Fire Caused By Maintenance Person...

In most cases, the apartment manager is not going to have the authority or the means to deal with you and make commitments concerning your claim. I presume that the insurance company you are referring to is the insurance company for the apartment owner/complex. If that is the case, you can bypass the manager and deal directly with the insurance adjuster.

A request for receipts for various relocation expenses would be reasonable and you should provide copies and keep all originals for yourself.

Again, try to deal directly with the insurance carrier and to negotiate your best settlement with them. I would think you would be entitled to all moving and relocation expenses in terms of getting out of your existing apartment complex and moving into a new facility. Keep detailed lists and receipts and paeprwork for all expenses. Good luck.

Yours truly,

SAM M. EAGLE, ATTORNEY AT LAW,

10101 SLATER AVENUE, SUITE #218,

FOUNTAIN VALLEY, CA 92708

PHONE: 714) 963-5123

WEB: WWW.EAGLELAW007.COM

E-MAIL: [email protected]

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Answered on 10/29/02, 12:14 am
Alvin Tenner Law Office of Alvin G. Tenner

Re: Apartment Fire Caused By Maintenance Person...

Get an attorney ASAP.

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Answered on 10/23/02, 12:42 pm
Terry A. Nelson Nelson & Lawless

Re: Apartment Fire Caused By Maintenance Person...

To whatever you can negotiate with the company, or whatever you can convince a judge or jury your losses are. You may consider hiring an attorney to convince the company to promptly and fairly deal with you, as you are competing for limited dollars with all the other tenants in the same circumstances.

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Answered on 10/23/02, 1:42 pm


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