Are landlords or tenants responsible for compensation when fire?

Recently, the power socket in my room exploded while I was plugging in my electric kettle. The fire spread the whole accommodation and some rooms near my room, causing the room furniture burned down and the other room’s property damaged. The landlord supposed that I had used the electric kettle frequently leading the circuit was overloaded, so I was claimed for compensation to neighbors who got damaged by the accident. However, when the fire-fighter officers inspected the wire, it was discovered that the wire was old so it affected the electric load. Besides, the circuit breaker system didn’t work. So who will be responsible for compensation in the case? I’m looking forward to your advice.

FDVN’s opinions:

Thank you for concerning and trusting FDVN’s legal services. We have studied the law provisions to provide you with our advice in your case. Please kindly see the answer below.

It is stipulated in Article 584 of the Civil Code 2015 on the grounds giving rise to liability to compensate for damage:

“1. A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.

2. The person who causes damage shall be discharged from liability for compensation in a case where the damage incurs due to force majeure events or at the entire fault of the aggrieved person unless otherwise agreed or otherwise prescribed by law.

3. If a property cause damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of this Article.”

Thus, liability to compensate for damage only is applied when actual damages occur. So, people causing the fire accident leading to the actual property damage will be responsible for compensation based on actual property damage. In order to determine who is responsible for compensation, the exact cause of the fire must be determined.

In case the circuit breaker system was broken but it wasn't repaired, the landlords or the owners of the house must take responsibility for compensating for all the damage.

Above is FDVN Law Firm's legal opinion regarding your request after we study the relevant legal regulations. Hopefully, FDVN's advice will be helpful to you.

Legal expert: Ngo My Tram

FDVN Law Firm

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