Fires are unfortunately common in rental properties, especially in apartments or condos due to the close proximity of occupants. These incidents can be extremely harmful to one’s property, and emotional and physical well-being.
As a renter or tenant, property fires are a major concern. Understanding and taking preventative precautions is one way to protect yourself and others. If you were the victim of a fire, you should contact a fire injury attorney in Southern California immediately.
What Is Fire Negligence?
In some cases, fire accidents could have easily been prevented if all parties acted cautiously. In those scenarios, your fire accident lawyer may suggest making a case against fire negligence.
Fire negligence refers to the failure to take reasonable precautions to prevent or contain a fire, resulting in damage or injury. For example, someone may be acting negligently if they leave their apartment after lighting a candle. Landlords may also be found negligent for failing to abide by fire safety codes required by law.
Fire negligence works similarly to other personal injury cases involving negligence such as auto accidents or premise liability. Burn injury attorneys will provide fierce representation on your behalf to ensure the responsible parties pay for their negligence. Orange County wrongful death attorneys can also help you pursue legal action on your loved one’s behalf in fatal fire accidents.
What 3 Things Must a Plaintiff Prove in a Negligence Case?
In a negligence case, a plaintiff must prove:
- Duty of care: The defendant had a duty to exercise reasonable care.
- Breach of duty: The defendant failed to exercise that duty of care.
- Causation: The defendant’s breach of duty caused the plaintiff’s injury.
The best personal injury attorneys in Los Angeles will fight to prove negligence was a factor in your fire accident.
Is the Landlord or Tenant Responsible for Fire Safety?
Both the landlord and the tenant have responsibilities for fire safety. The landlord is responsible for making sure that the building and its common areas meet fire safety standards and regulations. This includes installing and maintaining smoke detectors, fire alarms, and fire extinguishers, and providing clear exit paths.
The tenant is also responsible for maintaining fire safety in their rental unit. This includes using electrical appliances safely and keeping flammable materials away from heat sources. The tenant should also be familiar with fire safety procedures in the building.
In some cases, the responsibility for fire safety may be shared depending on the specific circumstances and local laws and regulations. It is important to consult an Orange County injury lawyer to determine which parties may be held accountable.
Are Fire Alarms The Landlords’ Responsibilities?
Yes, installing and maintaining fire alarms is typically considered the responsibility of the landlord. Landlords are responsible for providing working fire alarms in common areas and individual units. This helps ensure the safety of tenants in the event of a fire. The exact requirements for fire alarms may vary so landlords should check local laws and regulations to determine their obligations.
Fire alarms can be a detrimental factor in the prevention of apartment and house fires. If your landlord did not provide you with a fire alarm, you may be able to file a personal injury claim.
Do Landlords Need to Provide Smoke Detectors (California)?
According to California law, landlords must install smoke detectors in all rental units. They must also ensure that they are functioning properly at the start of a tenancy. Landlords must provide smoke detectors with batteries if the rental unit is not equipped with electrical power.
Additionally, landlords are required to provide tenants with written instructions on how to test and maintain the smoke detectors.
This law helps to ensure the safety of tenants in the event of a fire and is strictly enforced. Landlords who fail to follow these requirements may face penalties, fines, and liability for any damages or physical injuries that occur.
What Safety Checks Should a Landlord Do?
A landlord should perform the following safety checks to ensure the safety of tenants:
- Fire Alarms: Ensure that all fire alarms are working and replace batteries as needed.
- Smoke Detectors: Ensure that smoke detectors are installed and functioning properly in each unit and common area.
- Electrical Wiring: Check electrical wiring and outlets to ensure they are in good condition and free of potential fire hazards.
- Heating Systems: Inspect the condition of heating systems (such as furnaces and boilers).
- Appliances: Check appliances to ensure they are in good condition and free of hazards.
- Exit Routes: Ensure that all exit routes are clear and accessible in case of a fire emergency.
- Fire Extinguishers: Provide accessible fire extinguishers in common areas
- Carbon Monoxide Detectors: In some jurisdictions, landlords may be required to install carbon monoxide detectors in rental units.
These checks reduce the risk of fire and other safety hazards in the rental property. If your landlord ignored these measures, contact an Orange County personal injury law firm immediately to discuss the next steps.
When Can You Get Compensation From a Landlord?
If your landlord is failed to follow any of the safety regulations outlined above you may be entitled to compensation for:
- medical bills for any services including skin grafting, hospital stays, and more
- pain and suffering
- rehabilitation and therapy
Your personal injury lawyer will work with you to gain maximum compensation from your landlord and their insurance companies. Likewise, if another tenant is proven to be at fault you may be entitled to additional compensation.
How to Find a Fire Injury Attorney Near Me?
If you are looking for a personal injury or wrongful death law firm in Orange County, CA, we got you covered. The Law Offices of John J. Perlstein regularly defend clients in fire accident cases, including those involving rental properties. We understand the long and dreadful journey ahead and want to be by your side every step of the way.
Contact us today for a free consultation from an Orange County personal injury attorney.