This case involved an apartment fire in the lower Haight Ashbury district of San Francisco. The fire was actually started in an adjacent building by a tenant who was cooking. The fire burned out of control and destroyed the property of the plaintiffs who lived in the next building and caused burn and smoke inhalation damage.
The three plaintiffs in this case sued the adjacent building owner and their own landlord for their damages. The owners of both buildings claimed that they were not responsible for the damages to plaintiffs because the fire was unforeseeable and that the sole cause of the fire was the tenant who did not use proper safety procedures while cooking (the tenant who was cooking had no money or insurance).
The law offices of Winer, McKenna & Burritt, LLP, hired a fire expert and safety expert who, after a thorough investigation, were able to determine that although the fire in the adjacent building may have not have been defendant’s fault a proper firewall between the two buildings would have prevented the injuries to the plaintiffs. The lack of a fire wall did not meet building code standards. Thus, the plaintiffs were able to receive compensation for their serious injuries.
RESULT: confidential settlement on behalf of plaintiffs