Should I try to sue my previous landlord?
TLDR; my young son caught my apartment on fire, there were no.detectors in my apt and the fire suppression system failed to activate, since then my life has been slowly falling apart. Do I sue him for the warrant of habitability or.just leave it alone and find somewhere else to live?
On may 22, my family’s apartment caught fire while we were sleeping. We lost our home and basically everything we had. We’ve been displaced ever since and it has turned into an absolute nightmare trying to find somewhere to stay for my family and i, as well as navigate insurance which has hardly helpedat all, all while trying to just do life with 2 young kids.
What makes me really angry is that there were no working smoke detectors in the apartment. There were literally no detectors there. The hookups were taped over. Like they painted the apartment and just left the tape over the detector hookups and never put them back up. That paired with my 15 ft tall ceilings and me not owning a ladder they never got put up. I mentioned it in person to the property manager person on at least one other occasion when mentioning no vents for the dryer. Nothing was done.
The fire itself was started when my son was playing with a lighter while the rest of my family and I were asleep in the other room. We woke up to raging flames in the room next to ours. There was also a built in fire suppression system in this old building but it failed to activate even though the bulb broke.
What I am questioning is whether my landlord was negligent for renting us a home without functioning smoke detectors and whether that negligence made the situation worse or put my family in unnecessary danger.
Since the fire, we've been displaced, we've had to stay in hotels, a tent, and our car at times. I even ended up having to drive my truck I don't normally drive because I was forced to live in it and ended up in an accident. In which my truck was impounded and much of everything I had left was in my truck and much of it was stolen while it was in impound. I have also been contacted by DHS over reports made that I was living in my truck with my kids and dog. I've spent every dime of my savings on just trying to stay afloat and insurance has been a fucking nightmare. As of today it's been 12 days since I submitted loss of use receipts and my insurance company doesn't even want to return my call. Worse company I've ever dealt with, making mention of no names it's named after a citrusy yellow drink!
My husband was also briefly incarcerated because he missed a court date while we were sleeping in the truck and slept through the alarm on his phone. And I spent money to bail him out. To top it off the uncertainty about where our family is going to go daily has made it really hard for my husband to maintain working because we are all just trying to figure out where we will sleep each night which wound up with us about 45 min away in the bigger city in our area for cheaper hotel prices. So he's lost a lot of wages since this as well
At this point I'm seriously considering talking to an attorney about suing my landlord.
But here's where I'm conflicted.
I know the fire was accidentally caused by my child. I'm not trying to blame the landlord for the fire itself. I'm asking whether the lack of smoke detectors and failure of the fire suppression system is something completely separate that could make the landlord responsible for part of what happened.
Would I be the asshole for pursuing legal action against my landlord over this?
I don't know whether I'm just angry and trying to place blame or if I actually have a legal standing here.
If you know anything about Colorado landlord/tenant law, especially requirements for smoke detectors and landlord liability when there is a fire, I'd really appreciate some advice.
What would you do if you were in my position?
Likely going to cross post this for more opinions if the rules allow. Tia