Legal Question in Civil Litigation in North Carolina

Re: Fire damage liability

that's sort of weird. As for the liability issue, even though the fire was an "accident" from the standpoint of the fire marshall, it may have been due to the "negligence" of one or more persons. In such a case, even an "accident" (i.e. not intentional or malicious) can give rise to liability if the person starting the fire was "negligent." You have several issues here: First, it is not clear that disposing of a cigar (cigarette) in a pot is negligence. Second, even if it is, which smoker was responsible? As for this second question, the law is rather interesting here, but I'll spare you the technicalities. If there were three or more smokers, and the fire was not intentional, and the injured party cannot prove who actually caused the fire, then probably none of you are liable. As for damages, the "one-third" thing is puzzling. There is no law of which I am aware in NC that would allocate damages in that fashion; in NC, it's usually all-or-nothing. As for collection, they would first have to sue you and then prevail (and get a judgment). The last issue is one of "collection." That is a complicated area, but they could get any real property and vehicles in your name, and other assets also. Your earnings (i.e. paycheck) would generally not be "garnished." If you receive real lawsuit papers (i.e. a summons and complaint), LOOK OUT! You need an attorney at that point. In fact, you may want to get one now, just to look at what you've received.