Chicago Apartment Fire Safety: Who Can Be Held Accountable?

When Chicago apartment fire safety measures fail, and an apartment house fire happens because of someone else’s negligence, the aftermath can be devastating. Residents may face the loss of their property, physical injuries, emotional distress, and even the death of loved ones. The financial impact can be overwhelming, with medical bills, repair costs, and temporary housing expenses piling up.

In these difficult times, it’s good to know that the Chicago apartment fire lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers, are here to explain who can be held accountable.

Chicago Fire Safety Regulations for Apartments

The National Fire Protection Association (NFPA) sets safety standards for fire prevention. Additionally, the City of Chicago Residential Landlord and Tenant Ordinance (RLTO) requires landlords of buildings with seven or more units to provide specific fire safety measures, including:

• A fire extinguisher on each floor of buildings three or more stories high
• Working smoke detectors in every unit and at the top of each stairwell
• Carbon monoxide detectors in certain residential properties
• Functional fire escapes for large buildings
• Basements, cellars, and attics to be clear of clutter that could be a fire hazard
• Adequate lighting in hallways and stairwells, including emergency lighting
• Electrical wiring to be properly maintained by a licensed electrician
• Windows and fire exits to open without difficulty

Who Can Be Held Liable for Personal Injuries in Apartment Fires?

Various parties may be held liable for injuries from a Chicago rental property fire.

The building owner may be accountable if their negligence, such as failing to provide fire alarms or ignoring safety code violations, contributed to the fire.

The person who started the fire can be held responsible, whether through arson or accidental negligence. For example, a tenant leaving a cigarette unattended could be liable.

Contractors or maintenance companies may also be responsible if their work (or lack thereof) played a part in the incident.

Finally, product manufacturers can be held liable if a faulty product caused the fire.

Chicago Apartment Fires Caused by Specific Products

Certain products are known fire hazards in apartment buildings:

• Vape pens: faulty batteries in these devices have been linked to numerous fires.
• Hoverboards: overheating lithium-ion batteries in hoverboards have caused well-publicized fires.
• Electrical heaters: these appliances are a common cause of home fires, particularly in winter.
• Flammable paints, glues, and aerosols: often stored in basements or garages, these materials are highly flammable.

When Are Landlords Responsible for a Fire?

To hold a landlord responsible for an apartment fire, it must be proven that:

• The landlord was in control of the area where the fire originated.
• The area was dangerously unsafe.
• The landlord either created the unsafe condition or should have known about it.
• The landlord’s negligence involved failing to take reasonable steps to fix the hazard or warn residents about it.

Examples of Landlord Liability for a Fire

• Faulty electrical wiring in the rental unit not up to code
• Failure to maintain fire suppression systems (like sprinklers)
• Not providing required fire extinguishers and smoke alarms
• Defective fire escapes
• Obstructions in hallways that block escape routes
• Leaving flammable debris in common areas (like basements or attics)

When Can Landlords Not Be Held Liable for a Fire?

Landlords are generally not liable for fires caused by a tenant’s negligence or unforeseeable events out of the landlord’s control, like natural disasters. If a tenant carelessly leaves a candle burning or lightning strikes the building, the landlord is typically not held responsible.

What Responsibilities Do Landlords Have After a Fire?

Under the RLTO, landlords must ensure tenant safety after a fire. Their duties include securing the property, arranging temporary housing if the unit is uninhabitable, and promptly starting repairs. They must also communicate with the Chicago fire department, tenants, and insurance companies throughout any investigations and insurance claims.

Tenants’ Rights After an Apartment Fire

Under Chicago’s RLTO, tenants in buildings with seven or more units have specific rights if they were not at fault for the fire:

• A tenant can move out immediately after a fire by providing written notice to the landlord within 14 days.
• A tenant can choose to stay in the unit with a rental payment reduction that reflects the apartment’s diminished value.
• If the landlord does not diligently repair the apartment, the tenant may terminate the lease agreement by notifying the landlord within 14 days of realizing the work is not progressing.