Hurt in a Home or Apartment Fire in New York City? Who May Be Responsible

Two deadly fires in eight days have put fire safety in New York City homes back in the news.

Shortly before 1 a.m. on Wednesday, October 28, 2026, firefighters responded to a fire on the 11th floor of NYCHA's Patterson Houses in Mott Haven, the Bronx. Officials attributed it to a lithium-ion battery that was charging in the kitchen (CBS New York), and NY1 reported on October 30 that four people had died.

Early on Thursday, November 5, a fire in a two-story home on 58th Street in Sunset Park, Brooklyn, killed six people. ABC7 reported that "[f]ire marshals are investigating multiple possible causes, including electrical issues and lithium-ion batteries," and NBC New York reported that "[a] cause has not been determined yet." The City Council has called an emergency hearing on residential fires and lithium-ion battery storage practices for November 20 (New York City Council).

We do not know what caused the Sunset Park fire, and nothing here is a comment on anyone involved in either fire. But fires like these raise the same questions for anyone hurt in one: what did the building's owner have to do, and who may be responsible?

Smoke Alarms

In New York City, the owner of an apartment building must "[p]rovide and install one or more approved and operational smoke detecting devices in each dwelling unit" (Administrative Code § 27-2045(b)(1)(a)). By its terms, that requirement "shall not apply to private dwellings," which this section defines as units in one- and two-family homes occupied by someone other than the owner or the owner's family (§ 27-2045(a)). So this rule does not reach one- and two-family homes.

Tenants have duties too. In an ordinary apartment where the owner has installed a smoke alarm, the occupant must "[k]eep and maintain such device in good repair" and replace it if it is "stolen, removed, found missing or rendered inoperable" (§ 27-2045(c)). And no one may tamper with or disable a required smoke alarm, "except to replace the batteries of such device or for other maintenance purposes" (§ 27-2045(d)).

Self-Closing Doors

A door that closes and latches on its own can help keep smoke and fire out of hallways and stairs. City law requires that "[a]ll doors providing access to interior corridors or stairs in occupancy groups R-1 and R-2," which include apartment buildings, be equipped with "a device that will ensure the door, when opened and released, returns to the closed position and self-latches shut" (Administrative Code § 28-315.10). The owner must "keep and maintain such doors in good repair" (§ 27-2041.1(a)).

State law adds a general rule. Every "multiple dwelling" (the law's term for an apartment building) "shall be kept in good repair," and "[t]he owner shall be responsible for compliance" (Multiple Dwelling Law § 78(1)).

When a Safety Rule Is Broken

Breaking a City rule does not automatically make an owner liable. As the Court of Appeals has explained, "violation of a municipal ordinance constitutes only evidence of negligence" (Elliott v City of New York, 95 NY2d 730 [2001]). Other questions can matter just as much: whether the owner knew, or should have known, that a smoke alarm or a door closer was not working, and whether the problem caused or worsened the injuries.

In our experience, how a fire started may have to be pieced together from many sources, such as neighbors, fire officials' findings, building records, and video.

Lithium-Ion Batteries

Since 2023, City law has barred the sale of uncertified batteries for e-bikes, e-scooters, and similar devices. No one may "distribute, sell, lease, rent or offer for sale, lease or rental a storage battery for a powered bicycle or powered mobility device" unless it "has been certified by an accredited testing laboratory for compliance with Underwriters Laboratories (UL) standard 2271," or another standard set by rule (Administrative Code § 20-610(c)). The same section sets a similar rule for e-bikes themselves (§ 20-610(a)).

When a battery causes a fire, more than one person or company may be responsible, depending on the facts:

• The company that made it. Under New York law, "[m]anufacturers of defective products may be held strictly liable for injury caused by their products," which the Court of Appeals explained means "they may be liable regardless of privity, foreseeability or reasonable care" (Sprung v MTR Ravensburg, 99 NY2d 468 [2003]).
• A seller that broke the City's sales ban. Like other City rules, a violation of § 20-610 may be evidence of negligence.
• The person who charged or stored the battery, if that person was careless. A renter's or homeowner's policy may respond. The New York State Department of Financial Services says renter's policies "provide contents coverage and liability protection in the event someone becomes injured at your residence," and advises, "Make sure that the policy has liability coverage" (DFS). Policies differ, so check yours.
• The building's owner, if a broken smoke alarm, door, or other safety failure caused or worsened the injuries.

When the Building Belongs to NYCHA

A personal injury claim against the New York City Housing Authority requires "a notice of the intention to commence such action," and "[a]ll the provisions of section fifty-e of the general municipal law shall apply to such notice" (Public Housing Law § 157(2)). That generally means a Notice of Claim within 90 days (General Municipal Law § 50-e(1)(a)), and a lawsuit "within one year and ninety days after the cause of action therefor shall have accrued" (§ 157(2)). Different timing applies to a claim for a death. How the notice is served matters; see our post on the Notice of Claim rules for NYC Transit.

Before a Fire

Test your smoke alarm. If a smoke alarm or a self-closing door in your building is not working, tell your landlord in writing, through the building's online portal if there is one, and call 311. Buy only certified e-bike and e-scooter batteries, and charge them as the maker directs. Even with a certified battery, we encourage you not to charge it overnight, and to unplug it once it is fully charged.

What to Do If You Were Hurt in a Fire

1. Get medical care, and follow your doctor's advice.
2. Write down what you remember as soon as you can: where you first saw smoke or fire, whether smoke alarms sounded, whether hallway and stair doors were closed, and how you got out.
3. Take photos or video of your apartment, the hallway doors, and the smoke alarms, if it is safe and you are allowed in.
4. Do not throw away the remains of a battery, charger, or device that may have been involved. They may be evidence. Ask that building video be kept; video can be recorded over in a matter of weeks (see our Decision Day entry on Fernandez v Port Authority).
5. Keep everything you receive from your landlord, any insurance company, or any agency after the fire.
6. Talk to a lawyer early, especially if NYCHA or another public entity owns the building, because of the 90-day Notice of Claim deadline. In some circumstances, your time to act may be even shorter.

If you were hurt in a fire in a New York City home or apartment, contact The Eskesen Law Firm for a free consultation. Calls are answered live 24 hours a day, 7 days a week.

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