Can my Condo neighbor sue me for the fire dept. breaking down his door?

mckludge2002

Absolutly not! The fire department did what they had to do to ensure the saftey of everyone in that building. Just because it came from your apartment gives him no right to sue you. If anything he should be trying to sue the fire department which would make more sense than you... but at the same time still being a holish and he'd probably loose and he had better loose!

I'd get a good lawyer. Because this day and age you can get sued for anything and win!

Good luck

FireChick

The fire department has every right to make an entry into a home to check things out if someone calls them and they suspect a gas leak. Your neighbor can try to sue you and the FD, but he won't win.

California!

did u call the fire department

Lochlain

Turn the situation around. If the leak was in his place and you saved all his valuables, would he pay you the value?

Nope. Doesn't make much sense, does it? If you were reasonable (and since there *was* a leak it was reasonable) in calling the fire department, and they had reason to think it was his place, for the good of everyone, they should have done what they did.

The only case they might have is if you were negligent in the upkeep of your heater.

tobysmomanddad

i wouldn't think so since they didn't find it in your place before they broke down his door. also, if the leak wasn't your fault. get a decent lawyer and you should be fine. it wasn't your fault they broke down the door. he might have a case against the fire department tho if he gets a good enough lawyer.

anzypanz

i wouldn't think that they did but if i were u i would check it out with a professional

moosehead115

are you responsible for maintenance on the condo's heater? and why didnt the fire dept find the leak in your condo on the first pass? not enough details. call a lawyer.

simplyme6407

I don't think so, maybe sue the fire company.

Homo Erectus

Wow, that's garbage. If he manages to get a decent lawyer, he will still be filing an extremely weak case. Won't get in to details but no worries imo

Whammy

I would say no, but I don't know any of the legalities. try consulting a lawer or even the judge at your local court

robapaloozah

NO, you didn't touch the door, nor did you tell anyone to touch the door. No case Don't worry

ifeellikepennies

sounds kind of ridiculous to me..i mean its not like you told the firemen to break down his door. its not like you broke it down yourself either. its not your fault you had a gas leak...he should be thankful that the fire department was called before it was a fire that burnt his door down.

Dieter

This is kind of a tough one.

The fire department wouldn't be liable -- assuming they were following a standard, reasonable, practice, which you indicate they were. Their actions occured as a result of the gas leak.

I'm assuming that you are responsible for the heater, not the homeowner's association (or whatever it is called). Normally, they take care of the exterior. However, if the building management was responsible for the heater, he needs to take it up with them.

So, you may be responsible, particularly if there was any negligence on your part. Did you maintain the heater properly? When was it last inspected? If you are like most of us, you probably don't have any proof that you did -- you would only call if there was a problem.

Now, if you are responsible, you are responsible for making him whole -- not for an upgrade, etc. Most of the time when the fire department breaks a door, only the door frame is damaged. $1000 sounds very steep for this repair -- or even replacement of a standard exterior door. Did you see the damage? Take pictures?

Assuming this is small claims court, I would fight it. State you felt you weren't responsible for damage caused by the fire department. Bring any proof you have of heater maintenance. And get an estimate (s) for the repair and replacement of that type of door.

The judge will tell you if you are responsible, and if you are, award a reasonable amount for its repair. The worst that can happen is that you have to pay the damage (and perhaps the filing costs). Best case, you aren't responsible (or the guy doesn't show).

I wouldn't negotiate at this point. If he's already sued, there's only one outcome that would make him happy.

Bill

What's the cause of action in the lawsuit? Is he claiming negligence on your part? You didn't break anything down, the fire department did out of public necessity.

Jay J

Not against you he doesn't. If the fire department checked your place before breaking down his door and didn't discover the leak there at the time, then it is their fault they didn't and chose to break down his door.

StephenWeinstein

First, does a door really cost 1K?

Second, if they were able to check every unit except his, without breaking down doors, why didn't they find the leak in your unit before breaking down his door?

Third, are the heaters the responsibility of the individual unit owners (like the kitchen appliances) or the condo association (like the building's roof)?

Hannah

HECK NO! I wasnt YOU who broke the door, and it was for safety's sake!!!

test pilot

Nope. Don't even worry about it. I am curious why they broke down his door if the gas leak was in your unit and apparently you were home or at least they gained access to your unit. Did they break down his door before even checking the units that were accessible? If so, the firemen were idiots! He should sue the fire department. Tell your neighbor to save his money that he will have to pay to file a suit.

Barry C

That is what homeowners and renters insurance is for. Oh neither of you has it? then maybe he will go to small claims court, but hey if he can wait that long without a door, the court will just say he doesn't need one at all :)

Laur

I personally don't think so because it's a safety risk, and they were just trying to protect the residents of the condos. However, I do understand he's upset b/c his privacy is invaded. He should really sue the fire dept, although he doesn't really have a case.

melimel

Well depends what state u live in...here in california the city is responsable for damages caused by lay enforcement or fire dept. You pay for the damages or get a quote on how much it will cost, then take the reciept/quote to city hall and they will reimburse you

More gravy than grave

sounds like you have a case if indeed it was the same neighbor who could've blew up the whole complex leaving the gas on.

Mike_Hustle

they should sue the fire department

Orion

Yes, probably. In a perfect world, you could offer to buy a new door, saving alot of money.

Silly World

Yes, your leaky heater caused the problem
Why didn't they detect it in your unit??

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