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Old 10-08-2007, 07:03 PM     #1
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Default Can I recover losses? From Who?

I was a tenant in a house that burned down several weeks ago.

It was a single family house.

The owner did not live in the house.

It was occupied at the time of the fire by the owners brother, myself and another tenant.

The other tenant was the likely cause of the fire - she was smoking on a couch, fell asleep and her cigarette ignited on a cushion. She was injured but will survive and likely has little or no assets.

The owners brother was severly burned in the fire and passed away a few days later from his injuries.

I was not in the house at the time of the fire.

I had no lease & paid month to month.

I have no renters insurance.

The owner had fire insurance and liability insurance.

I lost about $1500 in clothes, food, furnishings, appliances etc. + 2 weeks rent, a months security and had to stay in a motel for two weeks (at $78 a night until I found anther place.

The owner is basically saying my losses are not her problem.

Would it be worth pursuing her in court or am I SOL???

Thanks,
Dave
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Old 10-10-2007, 04:15 PM     #2
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Default Re: Can I recover losses? From Who?

Yes you can definitely use small claims.

You will still have to collect after you win.

See http://www.worldlawdirect.com/article/935 -- Collecting on a court judgment.
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Old 10-13-2007, 01:48 PM     #3
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Default Re: Can I recover losses? From Who?

Would it make sense to sue the owner/landlord, who has ample assets?

Sueing the tenant who will likely be found responsible for starting the fire would probly be a waste of time since she has little or no assets.
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Old 10-15-2007, 08:27 PM     #4
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Default Re: Can I recover losses? From Who?

Yes, sue them both.
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