Edison Fire Lawsuits: What Property Owners Need to Know About Their Rights

A fire can be a devastating event for any property owner. In Edison, New Jersey, understanding your rights and the legal landscape surrounding fire-related incidents is crucial for a smooth recovery. Whether you’re dealing with property damage, injuries, or the emotional distress that follows a fire, this guide will provide you with essential information to navigate the aftermath and protect your interests.

Fires in Edison: By the Numbers

Fires can occur anywhere, and Edison is no exception. In March 2025, a fire at the Millbrook Village Apartments in Edison displaced over 70 residents, highlighting the potential for significant property loss and disruption. While the causes of fires vary, some common factors contribute to residential fires in the area.

Common Causes of Fires in Edison

Understanding the common causes of fires can help property owners take preventative measures. According to Edison Township fire safety resources and other sources, leading causes include:

Cooking: Unattended cooking is a significant cause of apartment fires and the second most frequent cause of single-family residential fires.
Careless Smoking: Improperly discarded cigarettes are a leading cause of residential fire deaths.
Heating Malfunctions: Malfunctioning heating equipment, including space heaters and wood stoves, can ignite fires, especially during colder months.
Electrical Issues: Faulty wiring, overloaded circuits, and defective appliances can spark fires.
Arson: While less common, arson remains a significant cause of residential and commercial fires.
Candles: Unattended candles or candles placed near flammable materials can easily cause a fire.

Property Owner Responsibilities: Prevention and Compliance

As a property owner in Edison, you have a responsibility to maintain a safe environment and comply with fire safety regulations. Key obligations include:

Smoke Detectors: Ensuring that working smoke detectors are installed on every level of the property, including inside and outside each sleeping area. Regularly test and replace batteries.
Fire Extinguishers: Providing accessible and functioning fire extinguishers, particularly in kitchens and areas with potential fire hazards.
Clear Escape Routes: Maintaining clear and unobstructed escape routes, including hallways, stairwells, and exits.
Electrical Systems: Regularly inspecting and maintaining electrical systems to prevent hazards.
Flammable Materials: Storing flammable materials properly and safely.
Adherence to Fire Codes: Familiarizing yourself with and adhering to the Uniform Fire Safety Act and the Uniform Fire Code enforced by Edison Township.

Edison Township enforces the Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.) and the codes and regulations adopted under it in all buildings, structures, and premises within the township, other than owner-occupied one- and two-family dwellings and buildings owned or operated by the Federal government, the State, and interstate agencies. The local enforcing agency carries out periodic inspections of life hazard uses required by the Uniform Fire Code. Non-life hazard uses are inspected on a two-year cycle to identify and correct conditions liable to cause or contribute to the spread of fire.

What to Do After a Fire: A Step-by-Step Guide

In the unfortunate event of a fire, immediate action is critical. Here’s a step-by-step guide for property owners:

Ensure Safety: Evacuate everyone from the property immediately and call 911. Do not re-enter until authorities declare it safe.
Report the Fire: Contact the fire department and your insurance company as soon as possible.
Document the Damage: Take photos and videos of all damage to the property and belongings. Create a detailed inventory of damaged items.
Secure the Property: Take steps to prevent further damage, such as boarding up windows and covering damaged areas.
Contact a Professional: Engage a fire damage restoration company to assess the damage and begin the cleanup and repair process.
Review Your Insurance Policy: Understand your coverage, including dwelling coverage, personal property coverage, fair rental value, additional living expenses, and personal liability.
File a Claim: File a fire damage insurance claim with your insurance company, providing all necessary documentation. New Jersey law (N.J.S.A. 17:29B-4) requires insurers to respond within 10 business days and pay valid claims promptly.
Keep Records: Maintain meticulous records of all expenses, including temporary housing, repairs, and replacements.
Seek Legal Advice: Consult with an attorney experienced in fire damage claims to understand your rights and options.

Understanding Your Rights: Insurance Claims and Potential Lawsuits

As a property owner, you have certain rights when it comes to fire damage claims and potential lawsuits.

Insurance Coverage: Homeowners insurance typically covers fire damage to your home, attached structures, and personal property. Most policies also include coverage for additional living expenses if you can’t stay in your home during repairs.
Premises Liability: If the fire was caused by someone else’s negligence, such as a landlord’s failure to maintain safe premises, you may be entitled to compensation based on New Jersey premises liability laws.
Modified Comparative Negligence: In New Jersey, you can still file a claim even if you were partially at fault for the fire, as long as you are not more than 50% responsible. However, your compensation will be reduced by the percentage of fault attributed to you.
Bad Faith Claims: Under the New Jersey Consumer Fraud Act, insurers acting in bad faith (unreasonable delays or denials) may face triple damages.

When to Consider a Lawsuit

While many fire damage claims can be resolved through insurance settlements, there are situations where a lawsuit may be necessary:

Disputed Liability: If the insurance company denies your claim or disputes liability for the fire.
Inadequate Settlement Offer: If the insurance company offers a settlement that does not adequately cover your losses.
Third-Party Negligence: If the fire was caused by the negligence of a third party, such as a contractor or manufacturer of a defective product.
Landlord Negligence: If a landlord’s negligence increased the risk of fire or accident, there may be grounds for a personal injury lawsuit.
Gross Negligence or Intentional Misconduct: If the fire was caused by gross negligence or intentional misconduct, such as arson, you may be eligible for punitive damages.

Navigating Landlord-Tenant Responsibilities

If you are a tenant in Edison, it’s essential to understand your rights and the responsibilities of your landlord after a fire.

Landlord’s Duty: Landlords have a legal duty to keep their properties safe for tenants and can be responsible for injuries or damages caused by the fire if they don’t meet these standards.
Habitability: Under New Jersey’s Anti-Eviction Act (N.J.S.A. 2A:18-61.1) and Warranty of Habitability laws, landlords must promptly repair fire damage to restore essential systems (electricity, plumbing, heating) and structural safety.
Tenant’s Rights: Tenants can withhold rent or pursue legal action if repairs are unreasonably delayed.
Renters Insurance: While the landlord’s insurance covers the building itself, renters insurance covers your personal belongings and may also cover temporary housing and living expenses if your apartment becomes uninhabitable.

Seeking Legal Assistance in Edison

Navigating the legal complexities of fire damage claims can be overwhelming. Consulting with an experienced attorney can help you understand your rights, protect your interests, and pursue the compensation you deserve.

Several law firms in and around Edison specialize in property damage and personal injury claims, including those arising from fires. These attorneys can assist with:

Investigating the cause of the fire
Gathering evidence to support your claim
Negotiating with insurance companies
Filing a lawsuit if necessary
Representing you in court

Resources for Edison Property Owners

Edison Township Fire Prevention Bureau: Contact the Fire Prevention Bureau for information on fire safety regulations and inspections.
New Jersey Department of Community Affairs: Access resources related to fire safety and building codes.
American Red Cross of New Jersey: Seek assistance with emergency shelter, financial assistance, and recovery support.
Legal Referral Services: Contact your local bar association for referrals to qualified attorneys specializing in fire damage claims.

Taking Action

A fire can be a life-altering event, but understanding your rights and taking proactive steps can help you navigate the aftermath and rebuild your life. By familiarizing yourself with property owner responsibilities, insurance claim processes, and potential legal avenues, you can protect your interests and secure the compensation you deserve. If you have experienced a fire in Edison, don’t hesitate to seek professional legal assistance to guide you through the process.