Liability for Winter House Fires

    Posted on Friday, January 17th, 2020 at 7:52 pm    

    House fires and the damage they cause can be devastating for a family. The life-altering consequences of a house fire are financial, emotional, and physical, and may last indefinitely. If you were injured by a winter house fire or your property badly damaged, then you should consult with a personal injury lawyer in Georgia right away. While no one can change what has happened, an experienced attorney can help you pursue compensation for your medical bills, loss of income, and pain and suffering.

    Possible Defendants

    When it comes to determining responsibility for your winter house fire, there are many parties to consider. In all cases, your attorney will analyze the facts, insurance, corporate documents, real estate documents, and other evidence to determine who may be held responsible for your damages. Possible at-fault parties include: 

    • Owner of the rental property
    • Manufacturer of a defective appliance (heater, stove, dryer, etc.)
    • Manufacturer of a faulty alarm
    • Manufacturer of flammable furniture
    • Builder (contractor) of the house
    • Electrician
    • Propane company, if the cause was a propane tank explosion
    • Gas company, if the cause was a gas explosion

    Negligent Owners

    Landlords generally have to comply with special city, state, and federal laws designed to keep their tenants safe from injury and property damage.
    Depending on your state of residence, a property owner’s responsibilities regarding fire safety may include:

    • Ensure that the electrical wiring of the property is up to the code, is in good condition, and has been installed securely
    • Ensure that smoke alarms are on the property, properly located, and in operation
    • Have a safe and robust fire exit
    • Keep the fire exit clear
    • Install fireproof doors
    • Regularly check the fire extinguishers on the property
    • Keep escape routes clear in shared areas of a building, such as a hallway or a laundry

    Failure to comply with these duties and other fire safety obligations are dangerous and can result in injuries or deaths. You may be able to file a lawsuit against the landlord if fire safety precautions are not adequate or do not exist. However, in some situations, landlords use language in a lease to pressure or convince tenants to not move forward with a claim. It is important that you understand your rights as a tenant to prevent your landlord from taking advantage of you. A burn injury lawyer can help investigate your claim file a lawsuit with the negligent owners.

    Legal Remedies Available for Home Fires

    Monetary damages are commonly available in cases of negligence and product liability. If a plaintiff can prove that the defendant had a duty of care, breached such duty, and this breach of duty was responsible for injuries or property damage, then the plaintiff may be able to recover damages. In cases of winter house fires, the plaintiff has to show that the defendant had a duty to keep the premises safe and that the defendant failed to do so, which caused the plaintiff to suffer physical harm and property loss. You are likely entitled to receive compensation to cover medical expenses, lost wages, and pain and suffering. Contact the attorneys at Jonathan R. Brockman, a Personal Injury Law Firm today to schedule a consultation.

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