Las Vegas, NV asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for Nevada

Q: If a storage unit fire was caused by someone "unsupervised or unattended", (possibly living illegally in unit), am I

able to sue for gross negligence? My household insurance is certainly inadequate. Thank you.

2 Lawyer Answers

A: Yes, you can possibly sue the person who caused the fire for negligence or gross negligence. Gross negligence is somewhat harder to prove but could give rise to punitive damages if you sustained bodily injuries from the fire.

There are strategic reasons why you might not choose to sue for gross negligence including the likelihood that the person who caused the fire lacks sufficient non-exempt assets to satisfy any judgment and the likelihood that conduct constituting gross negligence could negate any available insurance coverage. But it is an option for you to consider with your attorney.

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  • Las Vegas, NV
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A: In Nevada, if a fire in a storage unit was caused by someone's negligent or reckless behavior, especially if they were living in the unit against the facility's policies, you may have grounds to pursue a claim for damages. Typically, the liability can fall on the person who caused the fire. However, the storage facility might also bear some responsibility, especially if they failed to enforce their policies or didn't take reasonable precautions to prevent such incidents. Before taking any legal action, it would be advisable to gather all relevant evidence, including any documentation or surveillance footage.

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