By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
Leave your name and phone. We call back today, in English or Spanish. The consultation is free and confidential.
Free consultation · English y Español · No fees or costs unless we win
Burns that happened somewhere other than a rental are covered on our burn injury lawyer page.
Apartment fires by the numbers
| U.S. Fire Administration, multifamily buildings, 2017-2019 | Figure |
|---|---|
| Fires per year (average) | 106,700 |
| Deaths per year | 400 |
| Injuries per year | 3,875 |
| Property loss per year | $1.7 billion |
| Leading cause | Cooking, 74% |
| Smoke alarms present in nonconfined fires | 64% |
Source: USFA. Put another way: in the other 36% of nonconfined fires, the data did not record a smoke alarm as present.
The American Burn Association’s fact sheet reports 3,010 structure fire deaths out of 3,800 fire and smoke inhalation deaths, based on NFPA data for 2021 (ABA). Washington’s State Fire Marshal reported 72 fire deaths in 2024, 51% of them in residential occupancies, and listed two adults killed in a King County multi-family home fire in July 2024 and an adult, a child and a newborn killed in another that September (Washington State Patrol).
Smoke alarm laws for rentals
| State | Owner’s duty | Tenant’s duty | Consequence |
|---|---|---|---|
| California | Owners of rented units must test and maintain alarms, make sure they work when a new tenancy begins, fix reported problems, and by January 1, 2016 add alarms to meet current standards (Health & Safety Code § 13113.7) | Tell the owner or manager about an inoperable alarm | No violation for a deficient alarm the owner was never told about |
| Texas | An alarm in each bedroom, plus one in a corridor serving several bedrooms and one on each level (Prop. Code § 92.255); test at move-in and repair during the lease after notice (§ 92.258) | Do not remove the battery without replacing it or disable the alarm (§ 92.2611) | Landlord liable for no alarm at move-in, or for no install, inspection or repair within seven days of a written notice warning of the tenant’s remedies (§ 92.259); remedies include damages, and after an ignored notice a penalty of one month’s rent plus $100 (§ 92.260); the duty to install cannot be waived, and the inspect-and-repair duty can be waived only in writing (§ 92.006) |
| Washington | Owner installs devices and makes sure they work before a vacant unit is reoccupied (RCW 43.44.110) | Maintain the device, including batteries | $5,000 fine for a noncompliant owner if a fire then causes property damage, injury or death to a tenant or household member |
When the landlord skipped a required alarm or ignored a report of a dead one, these statutes give the injured tenant a clear standard to measure the landlord against.
Free burn injury case review
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
Wiring, gas, heat and exits
California treats a rental as untenantable without gas, heating and electrical systems that met code when installed and are maintained in good working order (Civ. Code § 1941.1), and a building without the exits the code requires can be declared substandard (Health & Safety Code § 17920.3). In Texas, a tenant’s report of a fire hazard that materially affects an ordinary tenant’s health or safety triggers the landlord’s duty to make a diligent effort to repair it (Prop. Code § 92.052). Washington landlords must keep the electrical, heating and other facilities they supply in reasonably good working order (RCW 59.18.060).
A text or email to the manager about flickering lights, a gas smell or a locked exit can show the owner knew before the fire. See also electrical burns and gas explosions.
Battery fires inside units
The CPSC’s September 2024 report on micromobility products, covering 2017 to 2023, linked 14 e-bike deaths to lithium-ion battery fires, 15 e-scooter deaths to battery fires and 11 hoverboard deaths to hoverboard fires (CPSC). When a battery pack or charger starts an apartment fire, the claim can reach the company that made or sold it. California applies strict product liability (Greenman v. Yuba Power Products), a Texas design claim against a battery maker needs a safer alternative design (CPRC § 82.005), and Washington asks whether the battery was reasonably safe (RCW 7.72.030). Do not let the burned battery be thrown out with the debris. Our defective products page covers other appliance and charger fires.
Smoke inhalation is its own injury
The American Burn Association calls for immediate burn center consultation for all patients with suspected inhalation injury, and for consultation when there are signs such as facial flash burns, singed facial hair or smoke exposure (ABA referral guidelines). Ask whether you meet those criteria, and keep every record of breathing treatment.
Who can be responsible
- The owner and management company, for alarms, wiring, gas, heating, exits and ignored repair requests
- Maintenance and electrical contractors who did unsafe work
- Makers and sellers of a battery, heater or appliance that started the fire
- Another tenant whose conduct started a fire that spread to your unit
- A public housing authority, which brings short government claim deadlines
Evidence to save
- Ask the fire department for its incident report and the investigator’s name.
- Photograph the unit, hallway, exits and alarm locations before cleanup starts.
- Save every message with the manager about alarms, wiring, gas, heat or exits, and keep the lease.
- Keep any battery, charger or appliance you think started the fire, and ask the landlord and insurer to keep the debris.
Fault and deadlines
A landlord may argue that a tenant’s cooking or a disabled alarm caused the harm. California and Washington still let that tenant recover, reduced by the tenant’s share of fault (Li v. Yellow Cab; RCW 4.22.005); Texas bars a tenant found more than 50% responsible (CPRC § 33.001).
| State | Deadline to sue | Public housing owner |
|---|---|---|
| California | 2 years from the fire (CCP § 335.1) | Claim to the housing authority within 6 months (Gov. Code § 911.2) |
| Texas | 2 years from the fire (CPRC § 16.003) | Notice within 6 months, or sooner if a city charter requires (CPRC § 101.101) |
| Washington | 3 years from the fire (RCW 4.16.080) | Tort claim to the housing authority, then 60 days before suit (RCW 4.96.020) |
Exceptions for children are on our burn statute of limitations page, national figures on burn statistics, and tap water burns on scald burns.
Apartment fire FAQ
Is my landlord responsible for a fire in my apartment?
The landlord can be responsible when it failed a duty that let the fire start, spread or trap you, such as a missing alarm, faulty wiring or a blocked exit. It does not have to have started the fire.
The smoke alarm did not go off. Do I have a case?
Possibly. All three states require owners to provide working alarms in rentals. In California and Texas, the duty during the lease depends partly on whether a tenant reported the problem, so save your messages.
What if an e-bike or scooter battery started the fire?
The battery’s maker and seller may be responsible under product liability law. The CPSC linked 40 deaths from 2017 to 2023 to fires involving e-bikes, e-scooters and hoverboards.
I mostly breathed smoke and have few burns. Is that a claim?
It can be. Smoke injury is treated as serious on its own: the ABA calls for immediate burn center consultation when inhalation injury is suspected.
Talk to an apartment fire lawyer
If you or your family was burned or hurt by smoke in an apartment or rental home fire, call Beverly Law at (310) 552-6959 for a free consultation in English or Spanish. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. You owe no fees or costs unless we win.
Ask a question
Not ready to call? Write your question and someone on our team will answer. No cost, no commitment.
Burn injury lawyer — Beverly Law
If you or your child was burned because of someone else in California, Texas and Washington, talk to a burn injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Sources
- U.S. Fire Administration, Multifamily Residential Building Fires (2017-2019), Topical Fire Report Vol. 21, Issue 7 (Aug. (usfa.fema.gov)
- American Burn Association, Burn Incidence fact sheet (NFPA 2021 structure fire deaths) (ameriburn.org)
- Washington State Patrol / State Fire Marshal, 2024 Fire in Washington Report (wsp.wa.gov)
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- california.public.law/codes/ca_health_and_safety_code_section_13113.7
- statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
- statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
- statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
- statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
- statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
- statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
- tcss.legis.texas.gov/resources/PR/htm/PR.92.htm
- RCW 43.44.110 (app.leg.wa.gov)
- Cal. Civ. Code § 1941.1 (leginfo.legislature.ca.gov)
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- california.public.law/codes/health_and_safety_code_section_17920.3
- Tex. Prop. Code § 92.052 (statutes.capitol.texas.gov)
- RCW 59.18.060 (app.leg.wa.gov)
- CPSC, Micromobility Products-Related Deaths, Injuries, and Hazard Patterns: 2017-2023 (Sept. 2024) (cpsc.gov)
- American Burn Association, burn center referral guidelines (ameriburn.org)
- Greenman v. Yuba Power Products (Cal. 1963) (scocal.stanford.edu)
- Tex. Civ. Prac. & Rem. Code § 82.005 (statutes.capitol.texas.gov)
- RCW 7.72.030 (app.leg.wa.gov)
- Cal. Code Civ. Proc. § 335.1 (leginfo.legislature.ca.gov)
- Cal. Gov. Code § 911.2 (leginfo.legislature.ca.gov)
- Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 101.101 (statutes.capitol.texas.gov)
- RCW 4.16.080 (app.leg.wa.gov)
- RCW 4.96.020 (app.leg.wa.gov)
- Li v. Yellow Cab Co. (Cal. 1975) (scocal.stanford.edu)
- RCW 4.22.005 (app.leg.wa.gov)
- Tex. Civ. Prac. & Rem. Code § 33.001 (statutes.capitol.texas.gov)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.