Was Tenant's Death in Fire Caused by Landlord's Negligence?

The estate of a 71-year-old deceased tenant sued landlord, claiming the wrongful death of tenant occurred due to landlord's negligence and breach of the warranty of habitability.

Tenant died after a fire broke out in his bed while he was asleep. Tenant escaped the bedroom but couldn't get out of the apartment, and died from smoke and soot inhalation, as well as burns. The estate claimed that landlord was negligent in failing to install a smoke detector in tenant's apartment, and in failing to inspect and maintain the apartment properly. The estate also claimed that landlord violated fire safety and prevention provisions under NYC Admin. Code Sections 27-979, 27-2045 and 28-301.1.  The estate asked the court to rule that landlord was liable without trial.

The court ruled against the estate. A trial was needed to determine the facts. First, there was a question as to whether landlord had installed a smoke detector in tenant's apartment in 2017. Landlord claimed that a smoke detector was installed near tenant's kitchen in late 2017. If so, tenant was solely responsible for maintaining the smoke detector after installation.

The estate claimed that the Fire Marshal report showed there was no smoke detector found at the scene. The estate claimed that, if a smoke detector was installed, it was negligent to install it near the kitchen because NYC Admin. Code Section 27-981 requires placement of smoke detectors within 15 feet of all sleeping areas. Also, HPD had issued a violation notice to landlord on Saturday, March 17, 2018, that there was no smoke detector in tenant's apartment. Landlord emailed his assistant to take action on Monday since he didn't work on weekends. But the fire took place on Sunday, March 18. So, whether landlord took a reasonable time to correct the hazardous violation was a question for a jury.

Allen v. 244-246 E. 7th St. Invs. LLC: Index No. 155797/2018, 2020 NY Slip Op 50857(U)(Sup. Ct. NY; 7/23/20; Lebovits, J)