Fires at residential, commercial, and industrial buildings can happen instantly. However, they are not always unforeseeable accidents. In many cases, these unfortunate events and the injuries they cause are entirely preventable.
No matter the cause of a fire accident, getting compensation for burn injuries can present challenges to burn injury lawyers and their clients. One key hurdle to overcome in a burn injury claim is establishing liability.
Details Matter in Los Angeles Fire Accident Injury Claims
The location and circumstances of the fire are crucial to determining who should be sued for damages. For example, your burn injury lawyer will want to know:
Where the Fire Injury Occurred
The precise location of the fire is an essential element in establishing liability, as is the issue of whether you were within your legal rights to be present on the subject property at the time of your injury. Your ability to pursue a claim against the property owner, for example, differs if your injury happened while you shopped at a store during business hours versus while trespassing on your neighbor’s lawn.
The Cause of the Fire
Your lawyer will then consider how the fire started. Doing so gives the lawyer a complete picture of who they should sue and hold accountable. If someone intentionally sets the fire, they should bear responsibility for the harm they cause. However, this does not necessarily absolve a property owner who negligently responded to the fire.
The Victim’s Response to the Fire
California’s pure comparative negligence statute means that courts can reduce a victim’s compensation award if the victim is somehow responsible for their injuries. For example, a victim who continues shopping after hearing a store’s fire alarm might see their compensation award reduced as a result of their comparative fault in not taking appropriate or reasonable steps to minimize the injury.
The Type of Fire
Knowing whether a fire is considered a thermal, chemical, electrical, or other type of fire helps your attorney evaluate the appropriateness of individuals’ actions. As is true with knowing the cause of the fire, knowing the type of fire is important in establishing who is responsible for paying compensation.
Determining Responsibility for Fires and Burn Injuries
Depending on the details of the fire that caused your injuries, you might have a claim against:
- The person who intentionally started the fire
- An individual whose careless or reckless actions caused or contributed to the fire
- Any person whose actions led to the fire’s growth and spread
- A property owner who failed to notice the fire in a reasonable time
- A business, store, or homeowner who negligently responded to the fire
In some cases, you might have a claim against professionals like fire crews and medical professionals. Suing any government entity or employee requires strict adherence to specific rules, so it is best to consult a knowledgeable burn injury lawyer before filing such a claim.
How Liability for Burn Injuries Is Established in California
To prove these or other individuals bear responsibility for your burn injuries, your attorney must locate, collect, and analyze numerous pieces of evidence. The list of possible evidence could include:
Witness Statements
A witness might have seen the fire start or may have seen what certain people did after the fire was detected. These recollections can be invaluable in piecing together other evidence and establishing a timeline of events.
Fire Investigator Reports
A trained fire investigator can look at the remaining physical evidence following a fire and render an opinion on the fire’s cause. Most significantly, the investigator’s report can reveal whether someone intentionally started the fire.
Surveillance Footage
If the property where the fire happened had surveillance cameras, the footage from these devices could fulfill the same purpose as eyewitness statements. Such videos or photographs are sometimes the only evidence initially available that identifies who is responsible for starting a fire.
Your Medical File and Other Records
Finally, your burn injury lawyer will need to review your medical records and doctor’s notes. These documents can establish the injuries and expenses that you sustained and/or whether you will need any ongoing treatment in the future.
An attorney will also review your bills, insurance statements, attendance reports from work, and other similar records to show the extent of your losses.
A Burn Injury Lawyer’s Help Is Key in California
When it comes to getting full and fair compensation for your injuries after a fire, you need an attorney who understands the complexities of these injuries to give your case the best chance of success.
A skilled California burn injury lawyer from the premier team at The Trial Law Offices of Bradley I. Kramer, M.D., Esq. can fight aggressively to secure the compensation you deserve. If you or a loved one was injured in a fire, contact us to request a consultation and find out your legal options today.