ᐅ House Uninhabitable Due to Neighbor's Fire – Who Is Responsible for the Costs?

Created on: 7 Mar 2021 20:02
A
andimann
Good evening.
Not our house, but my brother’s. Last night, there was a fire in the neighboring house to my brother’s. The fire department woke them up during the night, and they had to leave the house wearing only their nightwear, with two small children. Thankfully, there were no cases of smoke inhalation or other physical injuries. My brother told me that when they left, the house was already completely filled with smoke, and the smoke had penetrated through all the cracks in the walls and floors (an at least 350-year-old historic building).

First of all, big thanks to the Heidelberg fire department… if they had arrived just a few minutes later, it would have been really bad, as these houses don’t have a second escape route.

Today, they were allowed to briefly enter the house with accompaniment to retrieve essential items. The strong smell of smoke inside was immediately noticeable, and worse yet, small soot streaks were visible in many cracks and gaps in the walls and floors. In other words, the smoke really penetrated every corner. We’re not just talking about wiping down surfaces with a damp cloth and being done. Rather, this will likely require renovations lasting several weeks, possibly including replacing floors, and then probably several months in total. If historic preservation authorities get involved, it could take even longer.

Now the question is, which insurance covers what and to what extent? This seems to be much less clearly regulated than with traffic accidents, and my initial online research shows very different information. Are there fixed rules? Or does it really depend on whether the tenant in the neighboring house even has personal liability insurance?

Best regards,
Andreas
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haydee
8 Mar 2021 11:29
Your brother should inquire with the city or church. In our community, there is an emergency apartment available, and the church has an emergency fund with some money.

Two or three years ago, an electrical device caused a fire in a house here. The assessor determined what needed to be disposed of, cleaned, treated with ozone, or restored.
Perhaps it won’t be that bad, and most of it can be dealt with quickly.

As long as no one was harmed, it is just an inconvenience.
andimann8 Mar 2021 11:31
Hello,
Alessandro schrieb:

The child sets the house on fire, but supervision rules were not violated? Interesting


This can actually happen. Children under the age of 7 have almost complete freedom, and legally, from around 4 to 5 years old, you are no longer required to constantly watch them and can leave them out of sight for a few minutes. If they then run out of the garden and scratch a neighbor’s car with a stone or set the garden shed on fire using a found lighter, it is quite possible that the injured party has no legal claim at all...

Best regards,

Andreas
Y
ypg
8 Mar 2021 11:44
andimann schrieb:

That can definitely be the case. Children under 7 years old have almost complete freedom, and at the same time, legally from around 4 to 5 years old, you are no longer required to constantly supervise them.
That’s how I know it too, the law!
andimann8 Mar 2021 11:47
Hello,
haydee schrieb:

Your brother should inquire at the city office or the church. In our community, there is an apartment for emergencies, and the church congregation has an emergency fund with some money available.

Two or three years ago, an electrical appliance caused a fire in a house here. The expert assessor determined what needed to be disposed of, cleaned, treated with ozone, or restored.
Maybe it’s not that bad, and most of it can be resolved quickly.

As long as no one was injured, it is just frustrating.

That’s actually a good idea, thanks. At the moment, the four of them are staying in a guest room at friends’ place, which obviously can’t be permanent. They would also like to stay in Heidelberg so they can handle all the expert assessments and insurance matters locally, and so that child 1 can continue attending kindergarten. At least that would provide some normality. Otherwise, we would have already taken them in yesterday.

Your last sentence sums it up perfectly… they got out unharmed, and it could have turned out very differently. That’s all that matters!

Best regards,
Andreas
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T_im_Norden
8 Mar 2021 11:52
The liability insurance of the person responsible or the homeowner applies here.
Every homeowner should have this, after all.

It is possible that your brother’s own insurance will advance the costs and later recover the money from the responsible party or their insurance.

He can easily find out by calling his insurance company.

All of this can be found out in 30 seconds using a search engine.
T
Tassimat
8 Mar 2021 11:59
Alessandro schrieb:

The child sets the house on fire, but the duty of supervision was not breached? Interesting

Of course, it can happen very quickly:
You go to the bathroom, and meanwhile, the child goes to the stove and plays with the knobs. After you finish, you call the child to come with you as planned to go outside. It can be that simple.

This case is, of course, quite different and very tragic. I also think that a few phone calls, at least with the insurance companies, can provide a good overview. They will clarify who is normally responsible. After that, you have to see how to proceed.