Apartment fires are terrifying, and when the fire doesn’t start in your own unit, the consequences can feel especially unjust. You didn’t cause it. You couldn’t stop it. But now, you’re left with catastrophic injuries, mounting medical bills, and questions no one seems able to answer.
If you or a loved one was seriously injured in an apartment building fire in New York, and the fire did not originate in your own apartment, you may be entitled to compensation. But who is responsible? Is it your landlord, another tenant, or a contractor or equipment manufacturer? The answer depends on how the fire started, what precautions were (or weren’t) taken, and whether or not anyone acted negligently.
Common Causes of Apartment Fires in New York
Fires in apartment buildings can start for many reasons, and the source may be out of your control. This negligence means that someone else is responsible for what happened. Who that is depends on how the fire started.
When it comes to apartment buildings in New York City, some common causes of fires include:
- Electrical malfunctions (faulty wiring, overloaded circuits)
- Negligent use of appliances (space heaters, stoves, candles)
- Cooking accidents in other units
- Arson or careless smoking
- Improper storage of flammable materials
- Gas leaks or defective appliances
- Construction-related hazards (welding, power tools, flammable materials)
- Lack of proper fire barriers or sprinkler systems
Injuries Caused by Apartment Fires
Apartment fires can cause catastrophic and life-altering injuries, including:
- Severe burns
- Smoke inhalation injuries
- Permanent lung damage or respiratory failure
- Carbon monoxide poisoning
- Falls or crush injuries while fleeing the building
- Traumatic brain injuries (TBIs) from smoke, oxygen loss, or falling debris
- Post-traumatic stress disorder (PTSD) and emotional trauma
- Wrongful death
Who Can Be Held Liable for an Apartment Fire?
Depending on the circumstances, multiple parties may share responsibility for your injuries. These parties can include:
The Landlord or Building Owner
In New York, landlords have a legal duty to provide tenants with a reasonably safe and habitable living space. This includes:
- Maintaining fire alarms and smoke detectors
- Making sure electrical and heating systems are safe
- Installing fire-resistant doors and barriers
- Keeping hallways and exits clear
- Following all city and state fire codes
- Fixing reported hazards in a timely manner
If your landlord failed in these duties and that failure contributed to your injuries, they may be held legally liable under premises liability laws. These failures can lead to claims of negligence, and even negligence per se if they violated local fire safety laws.
Some examples include:
- The landlord ignored complaints about faulty wiring
- The building lacked smoke detectors or sprinklers
- Fire exits were blocked or non-functional
- The building didn’t meet NYC Building Code fire safety standards
Another Tenant
If the fire started in another apartment due to that tenant’s carelessness or recklessness, they may be held liable for your injuries, especially if their actions violated lease terms or common-sense safety practices.
This could include:
- Leaving a stove unattended
- Smoking in a non-smoking unit
- Using illegal or dangerous space heaters
- Overloading electrical outlets or using damaged appliances
Tenants generally carry renters’ insurance, which may cover liability in cases like this. However, if the tenant was knowingly violating safety laws or lease agreements, they may be held personally responsible.
A Third Party (Contractor, Manufacturer, etc.)
In many cases, someone else entirely may be responsible for the fire, such as:
- A contractor who installed faulty wiring or failed to follow code during renovations
- A maintenance company that ignored a known hazard
- A product manufacturer who sold a defective appliance that caught fire
- The utility company, if gas or electric service was negligently provided
In these cases, you may have a third-party personal injury claim or product liability claim, which can result in significant compensation if the party’s negligence or defective product caused your injuries.
What Laws Could Help Your Case?
Several legal principles and New York City regulations may support your claim:
Premises Liability
New York law requires property owners to maintain reasonably safe premises. If the landlord knew (or should have known) about a fire hazard and failed to fix it, they may be liable.
Housing Maintenance Code (NYC)
This code mandates that landlords:
- Install and maintain working smoke and carbon monoxide detectors
- Keep electrical systems safe and operable
- Provide heat and hot water safely
- Repair building conditions promptly
Multiple Dwelling Law (MDL)
This state law requires owners of multi-unit buildings to meet certain fireproofing, egress, and construction standards. This is especially true in older buildings.
Negligence Per Se
If a landlord or third party violated a fire safety law or regulation, and that violation led to your injury, your lawyer may argue negligence per se, making it easier to establish fault.
What Should You Do If You’re Injured in an Apartment Fire?
If you’ve been catastrophically injured in a New York apartment fire, take the following steps to protect your health and your legal rights:
- Seek Medical Attention Immediately: fire-related injuries can be life-threatening and may worsen over time.
- Document Everything: take photos of your injuries, the scene (if safe), and any damage to your apartment.
- Request the Fire Report: the FDNY or fire marshal’s report will be critical in identifying the fire’s cause.
- Get a Copy of Your Lease or Rental Agreement: your lease or rental agreement may include clauses that help establish liability.
- Identify Any Prior Complaints or Inspections: did you or others report issues? Did the landlord ignore them?
- Avoid Speaking with Insurance Companies Alone: their goal is to minimize your claim. Always consult with a lawyer first.
- Contact an Experienced Attorney Immediately: evidence can disappear quickly, and there are legal deadlines (including a 90-day notice requirement if a public housing authority is involved).
Apartment Fire Injury Lawyers Fighting for NYC Victims
Fires in multi-unit dwellings often involve multiple parties, overlapping insurance policies, building code violations, and serious injuries. These are high-stakes cases, and landlords, corporations, and insurance carriers will fight hard to avoid responsibility.
At Morelli Law Firm, our personal injury lawyers have successfully handled complex injury and wrongful death cases throughout New York, and we’re ready to stand up for you.
If you or a loved one has been catastrophically injured in an apartment building fire in NYC, especially one that started in someone else’s unit, you may be entitled to significant compensation for your pain, losses, and future care.
Contact our team today for a free case evaluation. We’ll answer your questions, explain your rights, and begin building your case.
