Legal Question in Personal Injury in California

Re: Injury caused by hot grease fire

The owner's insurance will only pay if the owner is liable for the injury. I don't see how the owner could be liable for this, since your daughter was the one who created the danger. The owner had nothing to do with it. Unless there was something about the layout of the house that contributed directly to this fire, I can't see a viable claim against the owner.

On the other hand, the owner has a proper claim against your daughter for any damage to the house that was caused by the fire or by the efforts to put it out. The tenant also has a valid claim for any damage to her personal property.

If the boyfriend wants to sue anyone, I'm sorry to say your daughter seems to be the only proper defendant. If she is a minor, you would be liable for the boyfriend's injuries.

If she's an adult, does she have liability insurance? If so, it might be willing to settle with him. If she's a minor and if you have homeowner's or renter's insurance, she might be covered by your policy.

Re: Injury caused by hot grease fire

Based on these basic facts, without more details, I would have to say that your daughter sounds negligent to have let the oil so severely overheat that it caught fire. If her boyfriend was also negligent because he was aware it was overheating and ignored it, or carelessly or unnecessarily picked it up and ran around with it, he might also be negligent.

But, your daughter may well be a "but for" cause here, meaning it probably would not have happened "but for" her negligence. This will make it very difficult for her to avoid all liability. At most, if he was in any way careless, he may have partial liability. Where two or more people are negligent in causing an injury, California apportions liabilty between them.

Unless the landlord has "no fault" accident insurance, which is unlikely, it is very unlikely his insurance will pay because he does not sound at fault. Nor can the renter be considered at fault here.

I feel terrible for you and them for this tragic situation and wish the best for you. But, hopefully, he at least has medical insurance. To the extent his expenses are uncovered, she needs to consider helping him pay for them. In court, she could be even found liable for his pain and suffering.

I practice in Georgia, but am also a member of the California Bar.

Re: Injury caused by hot grease fire

Mr. Huffman makes an excellent point that if your daughter is a minor, there might possibly be recourse against your homeowners insurance. I would add, on a more positive overall note, that your daughter should be most thankful that the children she was babysitting were not burned or otherwise hurt. That is at least one positive note in this situation.

Re: Injury caused by hot grease fire

I have read Mr. Wisong's replies, and I appreciate his favorable comment on mine. Having said that, I disagree with him on one point.

He says that the boyfriend might have been negligent in picking up the pan. As I understand the question, a fire had started and he was trying to prevent it from spreading. When one person negligently creates a danger and a second person is injured trying to save others from that danger, the first person is liable for any injuries the second person receives.

If your daughter and her boyfriend were both cooking, then they were probably both negligent. Even so, your daughter would be 50% responsible since his injuries would be as much her fault as his -- maybe more, depending upon precisely what she did after he picked up the pan.