Property Owner/Manager Liability in Tennessee Apartment and House Fire Cases

By Thomas Greer | January 26, 2015

Rental properties, especially those in metropolitan areas such as Memphis, are oftentimes neglected in a variety of ways that can result in a fire.  When a fire occurs in a house or apartment that an individual is leasing, the owner, and possibly the manager of the premises, may be liable for damages incurred as a result of the fire.  Based on the nature of a rental property, the owner more than likely does not see the property on a regular basis.  However, the owner still has a duty to ensure that the property is safe for the tenant to inhabit.

Some common areas of neglect by a property owner or property manager are:

  • Faulty electrical wiring – This can include exposed wires, wires that are not properly insulated, or other National Electric Code violations.  Many older properties have faulty wiring that has not been updated and repaired by the property owner.  The property owner has a duty to make these repairs and could be responsible for damages resulting from a fire.
  • Faulty outlets  – If an outlet pops, or the wire attached to the outlet is warm, this could be a sign that the outlet is faulty and prone to cause a fire.
  • An improperly installed or neglected breaker box – Many fires are caused, and could be prevented, by a properly installed breaker box. Since the breaker box plays an important role in the regulation of electricity in the unit, a faulty or improperly installed box could prove deadly. Also, it is important for property owners and managers to check the box routinely for components that have degraded and pose a fire hazard.
  • Improper installation of a smoke detector – Owners and property managers owe a duty to tenants to install smoke detectors in a rental property.  Failure to install a smoke detector could result in the tenant suffering severe injuries or death.
  • Failure to place a fire extinguisher in the unit – Owners and property managers are also required to place a fire extinguisher in the unit so tenants may safely extinguish small fires.
  • Keep Exits Clear – Owners and property managers have a duty to keep the residence’s exits clear so the occupants can escape in the case of a fire.

Many rental properties in Memphis are either old, poorly constructed, or both.  However, this is not an excuse for the property owner or manager to leave the property in an unsafe condition.  If the owner has neglected to perform their duty of providing a safe residence to the tenant, they may be responsible for damages associated with the tenant’s injuries or death.  If you or a loved one have suffered injuries or death as a result of an apartment or house fire in Memphis, do not hesitate to contact the experienced  Memphis, Tennessee apartment and house fire attorneys at Bailey & Greer in Memphis at 901-680-9777.

Bailey & Greer represents people with premises liability claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.

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