Legal Question in Personal Injury in California

Responsibility of a host or a guest regarding accidents in private home

Hi - We went to a private home for a party where over 50 guests were invited (along with children). There were lots of lit candles all over the house (inside). My 5 year old son took a napkin, lit it from a candle and started a fire inside their laundry room. Luckily he was not harmed as it was caught early. There was damage to the floor and the laundry basket. Now the hostess wants payment from me for reflooring and damage to the laundry basket (very aggressive). I will be paying for it but her aggressiveness is bothersome. My question is shouldn't the host take some responsibility in the matter? There were lit candles all over the house and little children were invited. This could well have been a life-threatening disaster as there were a number of young children present. In this type of situation, who is mainly responsible - a host or a guest?


Asked on 5/12/06, 7:48 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Responsibility of a host or a guest regarding accidents in private home

Either pay up or call your homeowners' insurance carrier.

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Answered on 5/16/06, 5:52 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Responsibility of a host or a guest regarding accidents in private home

The hosts would be responsible for harm their carelessness caused to a guest, but that's not what happened here. Instead, a guest harmed the hosts. Because parents are responsible for the torts of their children, you are on the hook.

Having said that, you may only be on the hook for part of the bill. If your son started the fire by being careless then he and you would be liable for negligence. But California (like most other states, or perhaps even all of them) follows a legal doctrine called "comparative fault". This doctine, which only applies in negligence cases, means that a defendant who is only partially to blsme for the plaintiff's harm is only responsible for a portion of the loss. The judge or jury in such a case must decide what percentage of the fault lies with the defendant, who then must pay for that percentage of the loss. If your case goes to court the hosts may be found partially at fault, but I have no way to say how likely this is or what percentage they would place on your son.

This rule will not apply if your son acted intentionally. If he deliberately started the fire then the hosts are not responsible even if their negligence helped make your son's wrongful conduct possible.

I believe there is a limit to the amount of damages parents can be forced to pay for their children's torts, but offhand I don't know what the limit is or whether it applies only to certain types of cases.

Good luck.

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Answered on 5/25/06, 5:38 pm


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