Fires and Explosions
Fire
victims and their families endure extreme physical and emotional trauma.
Recovering from burn injuries can be very painful and often requires intense
care. Any personal injury claims for burns and deaths caused by fire present
complex legal and factual questions. The best chance for obtaining compensation
for all your losses is by obtaining the guidance of an attorney experienced
in all aspects of fire investigation and recovery.
Claims for injuries and losses caused by fire generally occur under the legal theories of negligence or product liability. Building owners, landlords, architects and even firefighters have been held legally responsible for fire losses because of negligence. Manufacturers and distributors of products (such as gas grills, electrical equipment, etc.) that cause fires can also be held responsible under a products liability theory.
Property owner’s/Business operators liability
An
owner or business is generally responsible for keeping its property safe
for persons lawfully on the property. Therefore, fires and injuries resulting
from improper use or maintenance can result in liability. For example,
storing flammable materials near a heat sources or other improper storage,
failure to maintain wiring, and blocking or obstructing fire exits. If
the owner is conducting “ultra hazardous” activities, such as
blasting, they are responsible for injuries even they were not negligent.
Liability may go beyond the property owner
A thorough investigation may reveal persons involved with the construction
and design of the building are at fault. Specifically it is important
to review the architect’s include architects and contractor’s
work to ensure they met building code specifications. In addition, building
maintenance crews and security providers may have contributed to the fire.
Liability may be imposed on a these providers even if their conduct did
not directly cause of the fire, but rather contributed to the spread of
the fire or the extent of the damage. In some special instances, even
firefighters may be held responsible for negligent performance of their
job.
Fires/explosions from defective products
Defective or dangerously designed products may directly cause a fire,
such as an exploding gas tank. In addition, the product may be defective
because it did function/respond appropriately once a fire already started.
For example, if sleep ware was not adequately flame resistant or a smoke
detector failed to sound. In these cases the manufacturer or distributer
would be responsible for the additional damages caused by the failure
of their product. For a more detailed discussion on products liability
please visit our “defective products” page.
Whatever the legal theory involved, the successful resolution of these claims requires an attorney experienced in all aspects of fire-related personal injury litigation. Involving an experienced fire loss attorney as soon as possible after the incident is critical to the collection of evidence regarding the cause the fire, as well as identifying all responsible parties. By contacting an attorney with experience in the area of fire loss personal injury you ensure that you will receive the fullest possible protection.
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