Legal Question in Real Estate Law in Indiana

Faulty Fire Extinguishers

My boyfriend had a fire in his apartment that burned everything. The fire could have been put out before it got out of control in the fire extinguisher had work. He also tried to use a neighbors extinguisher, and that also did not work. These extinguishers were dated Nov. 2000. There are supposed to be checked every year. The director of the apartments said that they have documents stating that the extinguishers and smoke detectors are checked every time some one moves in. My boyfriend moved in Nov. 2002, the fire happened Jan. 2003. They are trying to set him up and make him pay for everything. What can we do?


Asked on 2/05/03, 3:29 pm

1 Answer from Attorneys
John Bator Bator Redman & Shive

Re: Faulty Fire Extinguishers

It is most likely a defense that the landlord's damages for a fire which I assume was started by the tenant could have been mitigated if the fire extinguishers were not defective. That is, the loss would have been much smaller if they worked.

You might also file a complaint with the State Fire Marshal against the landlord if you can't work something out

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Answered on 2/05/03, 4:06 pm


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