Who should I sue, Landord or Contractor, for Contractor negligence?

Question

Recently, my hot water heater went out in the apartment that I'm renting. Shortly after (2 hours) the contractor the landlord hired to replace the water heater, my apartment caught fire due to the contrators negligence. Unfortunatly, I did not have any renters insurance to cover any of my damages. Damages are small enough for small claims court, however, I'm not sure who I have to sue for damages Do I have the right to sue to the contractor directly, or do I sue the landlord?

Answer 1

I believe you would sue the landlord and then the landlord would sue the contractor. But I would check with a lawyer.

Answer 2

Ok, your hot water heater went out and the landlord got someone out right away to fix it. Then 2 hours later the apt caught fire. Was the water heater at fault? The landlord sure isnt. Contractors are supposed to be licensed and bonded, SO, if you have to sue anyone, it would be the contractor. The LL didnt do the work, the contractor did.
Does your lease recommend that you purchase renters insurance?
Either way, the only two at fault are yourself (for not having insurance) and the contractor (who obviously hooked something up wrong).
Get the landlord to give you the contractors license number, address, and phone number. Then send him a certified letter of damages and intent to sue if not resolved within a month(you have to give him time).
Leave your landlord alone, he responded to your problem immediately. You have no beef with him.

Answer 3

Why don't you ask for reimbursement first. If no then sue landlord, it is his responsibility to keep your place in good living condition. It is also his responsibility to ensure he hires competent contractors to do the job right. He will ultimately have to sue contractor. You may not get anything though without insurance, but the contractor does have insurance and the landlord will file a claim and should give you what you are due.
By the way renters insurance is very cheap and it is a one time annual fee of around $130.00 depending where you live. My advice, Get it now. If lightning strikes and takes out all of your electrical equipment, it will pay for it. The price for insurance is nominal compared to the big fees to replace your stuff.

Answer 4

The Landlord didn't tell the contractor to be negligent. You have to prove to the court it was incorrectly installed. But I would submit a bill to the contractor by registered mail. To see if you can avoid the law suit its a pain and sometimes the company will settle by paying your bill. Next time buy renter's insurance its not the expensive for a year about 100 or less depending on what company you go to.

Answer 5

I'm no lawyer, but you'd have to establish negligence in order to prevail. I agree that the landlord provided a prompt response to your report of trouble. Provided the contractor was licensed and the landlord used reasonable diligence in determining the contractor was competent - the landlord was NOT negligent in my opinion.

In order to prove the contractor negligent, you'd have to prove that whatever he did was improper and as such constituted a hazard. I'd get a copy of the Fire Marshall's report first to see what they list as the cause.

Not to get on a soapbox - but you MUST have renter's insurance on your stuff - ALWAYS. The fact that you didn't has no bearing on whether the contractor or landlord should pay for your stuff.

Answer 6

Sue landlord since that is the party you have a legal r/ship with and join the contractor as a co-defendant since he is the party hired by the landlord to do the work....

Answer 7

every province or state has a different law in regards to your situation, not knowing determines the factor, because you rent i would assume the landlord would be at fault, but trying to prove will be hard, first of all lets say by example your apartment building caught fire by another tenet lets say they left a candle burning, everyone in the building would have lost all there belongings, but without insurance you are out of luck, even in small claims court, again it all boils down to where you are situated, i suggest looking up tennet/landlord laws in your state/province, GOOD LUCK

if you do go to court and win against the landlord then the landlord will take the contracter to court, either way i asume your landlord has insurance and its possiable you can claim throught the landlord talk to a consultant or legal aid lawyer for the right advise and steps to take

Answer 8

sue the landlord. You have no standing with the contractor. The landlord in turn will sue the contractor.

Answer 9

take the landlord... they hired the contractor... its their responsibility to ensure the quality of his work... it is also their choice to turn around and get money from the contractor that they may have to pay you...
you didn't have renters insurance... bad bad mistake... its so cheap... and seriously easy to get... I pay $35 a month for 300k and property damage, personal injury, and a jewelry addition...
can you afford to NOT have renters insurance?

Answer 10

I would sue the contractor and sipena the landlord that he has to answer the same ques in court and it gives you a better chance of gettingyour money.