Apartment fires are one of the most common types of residential fires in the United States. According to the National Fire Protection Association (NFPA), around 95,000 apartment fires occur annually, resulting in hundreds of civilian deaths, thousands of injuries, and billions of dollars in property damage.
Living in an apartment comes with various benefits, including convenience and cost-effectiveness. However, apartment fires are among the most common and devastating hazards that inhabitants face. When an apartment fire occurs, tenants may sustain severe burn injuries that come with long-term physical and emotional trauma as well as steep medical bills. As a tenant, you may wonder whether your landlord is liable for your burn injuries.
Landlords have legal and moral duties to ensure tenants’ safety in an apartment building. This means providing habitable and safe living conditions, reducing fire hazards, and providing fire safety equipment and instructions. If a tenant sustains burn injuries due to landlord negligence or breach of duty, they could hold the landlord liable for damages. Additionally, tenants should take reasonable precautions to prevent burn injuries by adhering to safety instructions and avoiding fire hazards. Consulting with a personal injury attorney can help clarify tenant’s rights and obligations concerning apartment fire burn injuries and determine if it is the landlord’s responsibility.
When Can You Pursue Legal Action?
Landlords bear specific responsibilities to ensure the safety of their tenants, protecting them from injuries such as fires. The law mandates that landlords adequately address fire safety measures, encompassing the installation and upkeep of smoke detectors, fire alarms, fire extinguishers, and sprinkler systems, as well as the provision of clear escape routes. Regular inspections must be conducted, ensuring all electrical wiring and heating units adhere to safety regulations. Furthermore, landlords must adhere to all applicable local and state fire codes. Failure to fulfill these obligations may result in the landlord being held accountable for any injuries sustained in an apartment fire.
While a fire in your rental unit doesn’t automatically require legal action, pursuing litigation requires proving damages. Typically, sought-after legal damages involve financial compensation, like medical expenses, therapy costs, lost future wages, and pain and suffering. If you’ve experienced any of these damages, consult an attorney.
In order to successfully pursue legal action, you must establish the following:
1. The landlord’s obligation to provide fire safety: Landlords have a legal duty to comply with regulations aimed at protecting tenants from fire injuries. This includes installing and maintaining smoke detectors, fire alarms, fire extinguishers, and sprinkler systems. They must ensure regular inspections and maintenance to ensure escape routes are available. Electrical wiring and heating units must meet safety standards and fire codes.
2. Demonstrable damages: The mere presence of a fire in your rental unit does not automatically justify legal action. To pursue litigation, you must furnish evidence of damages caused by the fire. While burn injuries might be visible, legal damages mostly consist of financial losses. These losses could involve medical expenses, therapy or rehabilitation costs, lost wages, reduced future earnings, and compensatory damages for pain and suffering.
3. Landlord negligence and failure to meet duty of care: If the landlord neglected their fire prevention responsibilities, resulting in a fire causing harm, they may be held accountable for the damages sustained. Examples of negligence include delayed or inadequate addressing of fire hazards, insufficient inspections, and blatant violation of safety regulations. In such cases, the landlord may be required to compensate for burn injuries.
Explore Your Legal Options After an Apartment Fire
Please note that the specifics of your case may require additional legal expertise to determine the most appropriate course of action.
If you or a loved one has suffered burn injuries in an apartment fire, timely legal counsel is crucial. A skilled personal injury attorney can help navigate the intricate legal matters associated with holding your landlord responsible. Contact our office to explore options and schedule a consultation. Reach out online or call 419-843-6643 to discuss your situation and schedule with an experienced attorney.
Kevin Boissoneault, is the President and Managing Partner of GT&B. He began his career at GT&B in 1992 and has built the Personal Injury section into one of the strongest and most successful firms in the region. His hard work and dedication as a compelling trial attorney and litigator has won many verdicts and settlements for his clients and their families. Kevin’s commitment to protecting those who have been injured through accident or negligence has brought justice for thousands of clients.
