In our last post, we joined with safety advocates and government agencies to support this week as National Fire Prevention Week.
House fires are a tremendous danger to those of us who live in Illinois or Indiana. This week’s public awareness campaign serves to educate and warn about the very real risk of a severe residential fire, especially during the upcoming winter months.
Causes of Fatal House Fires
There are many different causes of a severe or fatal residential fire. They include:
- Defective products (space heaters, electric blankets, ovens, stoves, toys, etc.) ;
- Faulty building construction (electrical, etc.);
- Failure to clean heating equipment, including chimneys and space heaters;
- Failure to repair heating equipment, including chimneys and space heaters;
- Failure to clean air conditioning units (heat pumps, fans, etc.);
- Failure to repair air conditioning units (heat pumps, fans, etc.).
For more, read our earlier discussion in “Dangers of Deadly House Fires in Indiana and Illinois.”
While some are caused by accidents, a tragic number of deadly home fires are the result of the negligence or fault of another party or company.
Investigations after Fatal Residential Fire
After a deadly house fire, there will be investigations by government agencies (e.g., state fire marshal; local fire chief, etc.) as well as the insurance carrier whose policy is designed to cover the loss.
The insurance company will have a specialized expert assigned to the house fire investigation, called a “Certified Fire Inspector” (CFI). The CFI will work independently of state and local inspectors and prepare his or her own report on the cause or causes of the residential fire.
The Insurance Carrier’s CFI Report will provide their inspector’s opinion on the cause and origin of the house fire. This may or may not jive with the findings of the other experts.
There will be another expert to provide analysis and give an opinion in a fatal residential fire: the CFI working on behalf of the fire victims and their families. The victim’s expert often works at a disadvantage, as they are usually not able to visit the fire scene within hours of the event, as the fire marshal and insurance adjuster with the company expert will do.
The victim’s CFI cannot begin work until the victim’s right for justice is asserted through a personal injury or wrongful death claim investigation. He or she must depend upon the evidence gathered by the fire department and state investigators (photos, lab samples, etc.).
Parties Who Can Be Liable for a House Fire
After there has been a severe house fire, the cause will be determined first. Afterwards, there will be a determination of what parties are at fault for the blaze. For instance:
- A landlord may be liable for failure to provide or maintain fire extinguishers;
- A neighboring tenant may be liable for failing to replace batteries in a smoke detector;
- An owner may be liable for failing to inspect the premises;
- A property manager may be liable for failing to repair electrical switches;
- A manufacturer may be liable for a flawed component in a heating system;
- An electrical company may be liable for installation of faulty wiring.
Sometimes, there can be no clear determination of the cause and origin of the fire because the fire was so intense it destroyed the evidence. These house fires are considered to be of an “undetermined” cause. Here, there will be negotiations with the liability insurance carrier for coverage of the loss.
If an insurance company wrongfully denies a claim for house fire damages, then they may be liable as well under a “bad faith” claim that is pled and proven independently of the residential fire claims.
Damages Available After Deadly House Fire
As with any other personal injury or wrongful death claim, the state laws of Indiana and Illinois will define the damages that can be awarded to the victim and his loved ones. These can include medical expenses, surgery costs, pain and suffering, funeral expenses, and more.
- Go here to read more about the Wrongful Death Laws for the State of Illinois.
- Go here to read more about the Wrongful Death Laws for the State of Indiana.
Property losses (the loss of the structure and its contents) can also be awarded in the aftermath of a severe house fire. The value of the home and its contents can be claimed alongside the injury claims.
Justice for Victim of a Deadly House Fire in Indiana or Illinois
When a loved one is killed by a fire in their home, it can be an overwhelming shock for their loved ones. Family and friends can be devastated to learn the investigation shows the fire was caused by someone’s neglect in repair or upkeep, or because of a defective product.
No one should ever have to deal with this horrific tragedy, and our condolences go out to all who have experienced a terrible loss and tragedy as a result of a loved one’s wrongful death in a house fire.
While legal claims can serve to bring justice for the fire victim, we understand that nothing can truly resolve this kind of heartbreak. However, state wrongful death laws do serve to make those who are responsible account for their failures to meet their duties of care. We also hope these claims work to lessen the likelihood of future deadly house fires.
For more on wrongful death damages, read:
- 10 Things to Know About Wrongful Death in Indiana Accidents
- Wrongful Death Laws: In Fatal Accidents, Who Should Pay for the Family’s Legal Fees?
Please consider the warnings and advice circulating in the news and over social media this week as part of National Fire Prevention Week because house fires are a serious risk here in Indiana and Illinois. Please be careful out there!
