Can You Hold a Neighbor Liable for Fire Damage to Your Home?
Summary: Homeowner’s insurance usually covers fire damage and may seek compensation from a neighbor’s insurer if the neighbor is at fault. However, neighbors are not liable if the fire was caused by factors beyond their control, such as defective appliances or faulty installations. Call professional restoration technicians if you experience any smoke or fire damage.
Residential fires are common occurrences. When fire damage occurs, it is natural to want to know who is responsible for covering the costs associated with repairs. In most cases, the homeowner’s insurance will cover damages and then seek compensation from the neighbor’s insurer.
How widespread are home fires?
The US Fire Administration reports that in 2021 alone, 353,500 residential fires occurred. These fires led to 2,840 deaths and 11,400 injuries. The loss of life and injury were not the only tragedies; the overwhelming financial losses amounted to $8,855,900,000.
What commonly causes home fires?
A number of everyday activities are responsible for home fires. Residential properties may erupt in fire due to malfunctioning clothes dryers or electrical systems. Kitchen fires are a major cause of home fires, accounting for over half of all fires to which fire officials respond.
Grilling on the patio also potentially leads to fires. Heating fires are on a downward trend. The number of portable heating fires are small—yet have deadly consequences, making up 41 percent of all house fires that result in fatalities.
Fires erupt during the holidays in the US. On each year from 2017 to 2019, fire departments received calls for the 9,200 fires reported during the three-day period surrounding Halloween. On Thanksgiving Day, 2,300 fires were reported to fire officials each year from 2017 to 2019. Another US holiday with deadly fire risks is the Fourth of July when fireworks cascade over the skies. Neighbors are eager to light up their own miniature fireworks or sparklers. When the sparks or flames get out of hand, the fire can spread to a neighbor’s property.
How does a neighbor’s fire affect homes in close proximity?
No matter what causes a home fire, embers can fly. Or debris from the burning home may blow onto the neighbor’s roof and cause damage. A neighbor’s property does not necessarily need to be directly caught in the flames to undergo fire damage. But if the fire does reach the house next door, extensive damage to the siding and windows is likely. Intense heat from the house fire damages outdoor plumbing features, like the garden hose or sprinkler system. At worst, fire damage that spreads can affect the home’s structural integrity.
Indirect fire damage to a neighbor’s home is another concern. Foul smoke odors from a home fire penetrate the air, seeping into surrounding properties and contaminating the air quality. Homes next door can undergo flooding as fire officials extinguish the flames in the burning house.
Is the neighbor responsible for fire damage to nearby homes?
The homeowner’s insurance becomes critical when a fire results in extensive fire damage. Insurance covers the cost to repair the fire damage to the home, whether it is due to a malfunctioning dryer, a cooking mishap, or any other cause. However, homeowner’s insurance only covers the property of the individual who purchases the policy. This means that when a neighbor’s negligence causes an outbreak of fire, that neighbor and his insurance company are held responsible for the fire damage to homes in close proximity.
Cases exist whereby a fire erupts through no fault of the neighbor. For example, his electrician may be responsible for the faulty installation of electrical wiring. Or dryer companies may manufacture an appliance that is inherently defective and leads to a fire. When factors outside of a neighbor’s control cause a home fire that spreads to surrounding houses, neither he nor his homeowner’s insurance are held responsible. Simply because a fire starts on someone else’s property does not automatically make them accountable.
How is insurance helpful when fire damage occurs?
Accidents, like fire damage, happen, which is the primary reason for carrying insurance. When a fire occurs, no matter how it starts, it is important to notify the homeowner’s insurance company and provide them with a list of belongings damaged by the fire.
Both neighbors’ insurers will conduct an investigation to pinpoint the cause of the fire and determine who is to be held liable. In many cases, the homeowner’s insurance company will pay for the fire damage and seek compensation from the neighbor’s insurer, if they are at fault.
An attorney is helpful if the neighbor’s insurance settlement is less than satisfactory and filing a claim against the insurer becomes necessary. The lawyer can help the homeowners sort out matters of liability and ensure they receive a fair settlement. For example, the attorney will investigate the cause of the fire, along with insurance investigators. The professional collects evidence to prove the value of losses. They also negotiate with homeowners’ insurance companies on their client’s behalf. If intentional mishandling of claims is suspected, a lawyer provides the necessary legal representation.
Fire Damage Restoration Services from RestorationMaster
A home fire is a devastating event that can have lasting consequences. Once the fire is extinguished and the individuals responsible for the damage are held accountable, contact RestorationMaster for immediate and efficient fire damage restoration services. Unaddressed fire damage spreads long after the flames are extinguished. The fire damaged home may be structurally unstable, and soot and smoke damage can contaminate air quality. Our professionals clean the damage to restore safety, health, and the home’s structural stability.
Our expert technicians arrive promptly, board up the windows and doors to stabilize the home and begin the restoration process. Using powerful equipment, we will extract water from the fire extinguishment process, then dry the area to prevent mold infestations. Advanced cleaning solutions and proven techniques eliminate soot and smoke from all surfaces. Deodorization is performed to eliminate smoke odors and restore optimum air quality. Our specialists disinfect the space, then rebuild structures to return the home to its pre-loss condition.