Legal Question in Real Estate Law in California
Fire damage caused by landlord's plumber
Who is responsible for fire damage, relocation costs etc. that resulted due to a fire caused by a plumber, hired by the landlord, working on our townhouse at the owner's request. We carry no renter's insurance, the plumber is uninsured and may be unlicensed as well. We contend that this is the landlord's responsibility since he hired the plumber and should have assured that he was licensed, bonded and insured. The repair was due to normal wear and tear - not due to tenant negligence.
The landlord has said that our cause of action is against the plumber, not him. He refuses to offer any reimbursement for expenses incurred and will not assist in any way. We will need to pursue litigation to be compensated for the numerous expenses we have accumulated as a result of this fire. Please advise if we proceed as planned against the landlord, leaving him to collect from the plumber, or if we need to file against the plumber.
1 Answer from Attorneys
Re: Fire damage caused by landlord's plumber
Why not file against them both?
Assuming the damage is significant enough, and the chance of settlement without legal action remote enough, you should retain an attorney.
The attorney can craft a single action containing multiple causes of action covering all the possible misdeeds of both landlord and plumber.
You may very possibly get a joint and several judgment that you can collect from either or both in any proportion, leaving the two of them to hash out whether one of them needs to contribute toward the other's payment to you.
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