DURHAM, N.C. – A ruling by the state Supreme Court in North Carolina determined that a tenant who suffered severe burns in a natural gas explosion at his rental home cannot sue the landlord for negligence or any other claims. The court’s decision was based on the lack of evidence showing that the landlord had been informed of necessary house repairs or a potential gas leak on the property.
The explosion, which occurred in April 2017, resulted in the tenant, Anthony Terry, being engulfed in flames when he turned on the light in the bathroom of his three-bedroom Durham home. The aftermath left Terry in a coma for four months, discharged from medical care at the end of 2018, and continued to face constant pain and limited mobility years later, as stated in the prevailing Court of Appeals opinion.
An expert investigation revealed a water leak in the bathroom that had caused damage to the floor, as well as corroded and rusted pipes in the crawlspace supplying natural gas to the furnace for approximately seven years leading up to the explosion. Reports of gas odors had prompted visits from the natural gas company and fire department to the home in the months prior to the incident.
The majority opinion of the state Supreme Court pointed out that there was no legal obligation for the landlord, William V. Lucas, to inspect the leased property. Furthermore, the Residential Rental Agreements Act of 1977 stipulates that landlords are only required to make repairs upon receiving prior notice of the issue, of which Terry had not provided to Lucas.
Despite arguments from Terry’s legal team regarding Lucas’ duty to adhere to local housing codes, the court found that the lack of notification about the property’s condition deprived Lucas of the opportunity to address any violations. The dissenting opinion, on the other hand, contended that the 1977 law indeed obligated landlords to maintain property facilities in safe working condition.
The defendant named in the lawsuit, Public Service Co. of North Carolina, was later dismissed from the case. Advocacy groups and legal associations weighed in on the matter through legal briefs, highlighting the broader implications on tenant-landlord responsibilities. The court’s decision serves as a reminder of the importance of clear communication and prompt action in addressing property maintenance concerns to prevent tragic incidents like the one experienced by Anthony Terry.