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.
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Nevada
- (702) 463-4900
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
