Fire Accidents: When Do Premises Liability Laws Apply?

January 3, 2018
On behalf of The Law Offices of Howard Craig Kornberg Posted in Premises Liability

As wildfires continue to wreak havoc in California, local authorities are assessing the full value of damages, injuries and fatalities suffered in the largest fire in the state’s history.

But not only consequences of wildfires can be devastating and life-threatening, as even fires occurring in a building or house can result in catastrophic injuries and leave you disabled and disfigured for the rest of your life.

Litigating wildfires in Los Angeles and all across California is difficult because after establishing the chain of events leading up to the wildfire, it often turns out that no one can be held liable as the blaze was caused by strong winds, heat, dryness, and other natural conditions.

When litigating fires occurring on someone else’s property, on the other hand, the owner of the property may be held liable for failing to exercise reasonable care and take all precautions to prevent fire accidents and burn injuries.

But when do premises liability laws apply to fire accidents? This is the question we asked our Los Angeles fire accident attorney Howard Craig Kornberg.

When do premises liability laws apply in fire accidents?

Earlier this week, there was a structure fire at the Wendy’s on Post Street in Los Angeles. The fire was contained almost immediately after the Jacksonville Fire and Rescue Department arrived at the scene.

It has been the second time in two months that Californian restaurants of the fast-food giant caught fire, like the Wendy’s in Baton Rouge, Los Angeles had a fire accident back in November.

If you have become a victim of a fire accident on someone else’s property, you may be entitled to compensation after pursuing a premises liability case.

However, not all fire accidents are caused by the negligence of the property owner, which means you will need to be legally represented to find and document proof of negligence on the part of the property owner to collect damages.

Under premises liability laws in Los Angeles and all across California, property owners are required to maintain and inspect their property to remove all hazardous conditions and prevent a fire from occurring on their property and injuring visitors.

You can sue the owner of the property for a fire accident when…

You may be entitled to collect damages for your burn and fire injuries if you prove that the owner of the property where the fire accident occurred didn’t have:

  • Functioning smoke detectors;
  • Functioning sprinkler systems;
  • Fire extinguishers within reach;
  • Proper fire exit systems;
  • Adequate signs and mapping of fire exits in the building.

The failure to have the above-mentioned fire prevention and firefighting equipment amounts to negligence, as it means that the owner of the property failed to take all precautions to prevent fire accidents.

Most common causes of fire accidents

While causes of fire accidents vary from one case to another, the property owner may be held liable for your injuries and damages if the fire was caused by any of the following:

  • Improperly functioning electrical outlets;
  • Gas leaks;
  • Exposed or faulty electrical wiring;
  • Dryer fires.

Our best fire accident attorneys in Los Angeles explain that the above-mentioned causes of fire accidents are totally preventable when property owners exercise reasonable care, inspect and maintain their premises regularly, and take all precautions to protect their visitors or guests from harm.

How to file a premises liability claim after a fire accident

Here at the Law Offices of Howard Craig Kornberg, our skilled premises liability attorneys have helped victims of fire accidents prove the three elements of a premises liability lawsuit:

  1. The property owner’s actions caused the condition that led to the fire accident.
  2. The property owner was aware of the unsafe conditions but failed to address them in a timely manner.
  3. The conditions have existed for such an unreasonably long time that the owner should have learned about it.

Get in touch with our Los Angeles premises liability attorney to determine the cause of the fire accident and liability, as well as evaluate the full value of your injuries and damages.

Our best premises liability lawyers in Los Angeles will help you pursue legal action and negotiate fair settlements with the property owner and his/her insurance company in your best interest.

Call Law Offices of Howard Craig Kornberg at 310-997-0904 or complete this contact form for a free case evaluation.


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