There are few things more terrifying than being in a fire. In addition to the potential for property damage and burn injuries, fires can also cause significant health problems due to smoke inhalation. In serious cases, fires can also be fatal.
In some situations, fire accidents are just that – accidents. But in other cases, a fire is caused by a property owner’s negligent or careless behavior. If you were hurt in a fire on someone else’s property, you might be able to file a personal injury claim against them for your losses. Our Charleston burn injury lawyers can help you determine if you have a potential premises liability lawsuit against the property owner.
Johnstone & Gabhart represents accident victims throughout West Virginia to help them get the money that they deserve for their injuries. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. Reach out to our law firm today to schedule a free initial consultation with a Charleston premises liability attorney.
Common Causes of Fire Accidents
Fires are unfortunately far too common in West Virginia. According to the state fire marshal, there are typically 3,600 to 4,000 structure fires in our state each year. These structure fires cause roughly 100 injuries per year – and anywhere from 30 to 50 deaths annually.
According to the Federal Emergency Management Agency (FEMA), these fires have many potential causes. Per the National Fire Incident Reporting System, common sources of fires include:
- Clothes dryers
- Electrical systems
- Cooking, which is the leading cause of all residential building fires and burn injuries
- Grills
- Exposure (i.e., fires caused by a material being exposed to fire – such as a wooden deck catching on fire from a fire pit)
- Heating
- Portable heating units
- Holiday or seasonal fires, such as from turkey frying, holiday lights, or candles
- Arson or intentionally set fires
- E-cigarettes and cigarettes
- Battery fires
Many of these fires are purely accidental in nature. For example, if your Christmas tree gets too dry and catches on fire from the heat of the lights, that might not be anyone’s fault – just incredibly bad luck.
There are situations when a fire is directly related to someone’s negligence, carelessness, or reckless behavior. For example, if a landlord of a residential building doesn’t update old wiring to save money and there is a fire caused by the electrical system, they could be responsible for any losses that tenants suffer. Similarly, if a laundromat doesn’t regularly clean dryer vents and patrons are hurt in a fire, it could be the basis for a lawsuit. Our West Virginia premises liability lawyers can help you understand your rights and options if you were hurt in a fire.
When Can You File a Lawsuit for Fire-Related Injuries?
If you are hurt on another person’s property, you might be able to file a lawsuit against the property owner (or occupier). This is done through a special type of personal injury claim known as a premises liability lawsuit. With this type of legal action, you can hold the property owner responsible for any injuries or losses that you may have suffered.
Generally, you might be able to file a lawsuit if the property owner was careless (negligent) in some way and their carelessness led to your injuries. Property owners typically have a duty to maintain their property in a reasonably safe condition. This generally means that they must repair known dangerous conditions or warn others about them.
In West Virginia, your ability to file a lawsuit is based on what you were doing on the property at the time:
- Invitees have either an express or implied invitation to enter a property, typically for a business person. For example, a patron at a restaurant would be considered an invitee. Property owners owe the highest duty of care to invitees. They are required to inspect their property regularly, fix any known hazards, and warn visitors of any dangerous conditions.
- Licensees have permission to be on someone’s property, but they are there for a social – rather than business – purpose. For example, if you invite your extended family over for a holiday meal, they would be considered licensees. When it comes to licensees, property owners must fix and/or warn about dangerous conditions but are not required to inspect their property for hazards.
- Trespassers include anyone who does not have permission to be on the premises. Property owners do not owe a duty of care to trespassers, with some very limited exceptions.
Importantly, property owners do not owe a duty of care to protect visitors from any hazards that are open, obvious, and reasonably apparent. In other words, if you get hurt on someone’s property even though you should have seen the hazard, you probably cannot file a lawsuit against the property owner.
When it comes to fires, there are situations where a property owner may be held liable for injuries suffered by a visitor. Generally, if the property owner either knew about a dangerous condition or failed to fix a known hazard and someone else got hurt in a fire, they could be sued for any losses that result. Examples of cases where a property owner may be held responsible for a fire include:
- Faulty electrical systems: if a property owner knew that their electrical system needed to be fixed or updated and the bad wiring caused a fire, then they could be liable for any injuries caused by the fire. For example, if the owner of a nightclub knew that the electrical system was outdated but chose not to get the work done, then patrons injured in a nightclub fire caused by the electrical system could file a lawsuit for their losses.
- Improper storage of combustible materials: certain materials – like gasoline and paint thinner – are highly flammable and must be stored safely. If a property owner stores these dangerous materials in an unsafe way and they catch on fire, then the owner could be responsible for any losses.
- Negligent maintenance: multiple appliances and systems within a home or building must be regularly cleaned and maintained to reduce the risk of fire. This includes cleaning lint from dryer vents and maintaining kitchen equipment. A property owner who fails to take these steps may be considered negligent.
- Improper use of hearing equipment: certain heating equipment – like wood stoves and space heaters – carries a higher risk of fire. If a property owner is not careful when using heating equipment, they could be held responsible for any injuries suffered in a fire.
- Poor fire safety measures: property owners – particularly businesses – must take certain steps to ensure fire safety. This might include having smoke alarms, fire extinguishers, sprinkler systems, and clearly marked exits. A failure to take these precautions may be a sign of negligence if someone is hurt in a fire.
Proving fault for a fire accident can be challenging. As the accident victim, you will be responsible for proving:
- Ownership and/or control of the property where the fire occurred
- The property owner’s duty of care to you
- A violation of the duty of care
- A link between the violation and the fire
- Your damages (losses)
Our team of experienced West Virginia premises liability lawyers will work with you to prove your claim. We will request accident reports, documentation from the fire marshal, maintenance records, and more to prove that the owner’s carelessness caused or contributed to the fire. We will also interview witnesses, review your medical records, and view photos and videos of the accident scene to build the strongest possible claim. We’ll also explore other avenues for compensation, such as filing a product liability lawsuit against the manufacturer of a faulty device that caused a fire.
Property owners and their insurance companies will rarely agree to pay you what you deserve for your injuries without the threat of a lawsuit. Our law firm will fight to get you maximum compensation for your injuries. We are skilled at negotiating top-dollar settlements for our clients – and when necessary, we will take your case to trial to get you the money that you are entitled to under West Virginia law.
Compensation in a Fire Accident Claim
Fire accidents can result in severe physical and emotional injuries on top of financial losses. In our representation of fire accident victims, we have helped people who have suffered from burn injuries, long-term issues from smoke inhalation, emotional trauma (including post-traumatic stress disorder or PTSD), loss of income, and property damage. We have also represented loved ones in wrongful death claims after a family member died in a fire.
Our goal is to make sure that our clients get top dollar for their losses. This includes money for:
- Economic damages, including property damage, lost wages, reduced earning capacity, medical bills, and future medical treatment;
- Non-economic damages, including money for pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement; and
- Punitive damages when appropriate due to intentional or reckless conduct (such as in arson cases).
Non-economic damages are particularly important in fire accident cases because a person who is hurt in a fire will often have significant long-term effects. This may include nightmares, flashbacks, and other symptoms of PTSD – plus anxiety, depression, and other mental health issues. They also deserve compensation for any scarring or disfigurement that they suffered due to burn injuries.
Studies show that people who are represented by legal counsel recover significantly more money in personal injury claims compared to people who represent themselves. In every case, our goal is to help our clients get the money that they deserve and that they need to move forward with their lives.
Hurt in a Fire? Give Our Law Offices a Call for a Free Consultation
Fires lead to some of the most devastating injuries that a person can suffer. While it isn’t always possible to file a lawsuit against the property owner for injuries suffered in a fire, there may be cases where a person’s carelessness was the direct cause of your injuries. In these situations, our law firm will fight to help you get maximum compensation for your losses.
At Johnstone & Gabhart, we are committed to helping victims of all types of accidents – including fires – get the money that they deserve for their injuries. We offer free initial consultations and never charge a fee unless we recover money for you. To schedule an appointment with a West Virginia premises liability lawyer, give us a call at 304-343-7100 or fill out our online contact form.
