Whittier, CA asked in Civil Litigation for California

Q: Fire destroyed my car parked in motel carport are they liable

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, determining the liability of a motel for damage to your car due to a fire involves several factors. Primarily, it depends on the cause of the fire and the level of negligence, if any, on the part of the motel.

If the fire was caused by the motel's negligence, such as poor maintenance or violation of safety codes, the motel could be held liable for the damage to your car. Negligence is key here; the motel must have failed to take reasonable care to prevent such an incident.

However, if the fire was due to circumstances beyond the motel's control, such as a natural disaster or an act by a third party, the motel may not be liable. In such cases, the principle of force majeure, where an event is outside reasonable control, may apply.

It's important to gather evidence about the cause of the fire and consult with your insurance company. They can assess the situation and determine if there's a basis for a claim against the motel.

If the situation is complex or if the motel disputes your claim, seeking legal advice can help clarify your rights and the best course of action. Remember, each situation is unique, and a detailed examination of the facts and circumstances is essential in pursuing any claim.

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