Firefighter 1

Q: I am a firefighter and was responding to a natural-gas explosion and fire, in an apartment in a housing project owned and operated by the Housing Authority.  From underneath me, a collapsed interior wall gave way.

A neighbor had stolen a stove from the apartment and removed the hose from the gas line.  This had allowed gas to leak into the apartment.  Afterwards the tenants had complained of an odor of gas, but the Housing Authority had failed to take action.

A: You appear to have a claim for common-law negligence: the Housing Authority’s negligence in responding to or investigating tenant complaints of an odor of gas and in failing to notify the fire department was a ‘substantial factor’ in causing your injuries.

You also appear to have a claim under General Municipal Law § 205-a(1): the Housing Authority failed to comply with the requirements of governmental statutes, ordinances, rules, orders and requirements.  You will need to prove that there was a ‘practical or reasonable connection’ between the violations and your injuries.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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