Legal Question in Landlord & Tenant Law in Florida

My apartment caught on fire from the outside, i had a trash bag sitting outside waiting to go out in a couple of hours to take it to the dumpster, someone lit a ciggerette and threw it in the trash bag, the trash bag burned the side paneling off the wall and began a fire inside the wall which then alerted us because the fire alarm went off, the fire department was called and ended up ripping the wall off because the fire was inside the wall. the next morning the leaseing office manager told me to right a statment and then told me im responisble for the damages because i left the trash out, even thought i didnt throw the cigg in the trash. am i really liable i would think that they have insurance for those things and its really not my fault this happened!

Asked on 7/31/12, 6:40 am

3 Answers from Attorneys

R. Jason de Groot R. Jason de Groot, P.A.

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It was not reasonably foreseeable that someone would throw a lit cigarette in the trash, so you are not liable. They should have fire insurance, and it was not your negligence.

Answered on 7/31/12, 6:45 am

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Barry Stein De Cardenas, Freixas, Stein & Zachary

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I think that it is potentially a concern. The question will be is it reasonably foseeable that someone would toss a cigarette in the garbage left in a place other than receptacle? This is a question of fact and cannot be answered with any certainty. Even if they have coverage their insurance could potentially come after you for negligence. Do you have insurance coverage? Notify your company of the potential claim. If not, you will just have to wait and see what is done.

Answered on 7/31/12, 7:04 am

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