Living through a fire is one of the most terrifying experiences a person can go through. Most people are simply happy to be alive in the immediate aftermath of a house or apartment fire. If you’ve been burned or otherwise injured, though, it doesn’t end there. You also have medical bills, lost income, the emotional trauma, and physical pain to deal with.
If your landlord’s negligence somehow caused or contributed the fire or your injuries, then you can collect compensation for these losses with a personal injury claim. Your right to collect compensation is based in premises liability law.
Understanding Premises Liability
Premises liability is a legal principle under which the property owner is liable or legally responsible for any injuries that occur because of an unsafe condition at their property. Premises liability applies to all properties, including bars and restaurants, retail shops, and apartment buildings. If you’ve been hurt in a fire, the owner of the property may be liable if some unsafe condition at the property contributed to the fire or your injuries.
Premises Liability and Fires
When is a landlord responsible for your injuries in a fire? Under the principle of premises liability, the landlord is liable when they knew or should have known about a hazard but did nothing to repair it.
For example, according to New York’s Residential Tenants Rights Guide, your landlord is responsible for installing smoke detectors within ten feet of every bedroom in your apartment. If the landlord fails to install a working smoke detector and you are injured in a fire that should have triggered a smoke detector, the landlord may be liable for your injuries.
Any New York City apartment building built after January 1, 1968, must also have self-closing doors. These doors swing shut and latch automatically after you go through them. Self-closing doors are important for fire safety because they can prevent a fire in one section of the building from rapidly spreading to other sections. A landlord who fails to maintain self-closing doors may be held responsible for your injuries under premises liability.
Other situations in which the property owner may be liable for fire injuries include:
- Failure to provide proper exits
- No access to a fire escape
- Malfunctioning sprinkler systems
- Faulty electrical wiring
- Unsafe storage of flammable items
Any situation in which you are injured because the property owner failed to repair a hazard they knew about or should have known about is a potential case of premises liability.
Proving Premises Liability
To prove premises liability law applies, you must demonstrate that:
- The landlord or property owner owed you a duty of care. This usually means that you are either a tenant or were in the building as a guest, a customer, or someone with a legitimate reason for being there.
- The landlord or property owner breached their duty of care by doing something negligent, such as blocking one of the exits.
- This breach caused your injuries when a fire broke out.
- You suffered losses as a result.
Compensation in a New York Fire-Injury Case
In a New York fire-injury case, you can seek compensation for:
- Medical expenses, including ongoing and future treatment
- Lost income of all kinds
- Pain and suffering
- Disfigurement
Disfigurement refers to burns or permanent scars that other people can see.
Contact a New York Fire-Injury Lawyer Today
If you’ve been burned or injured in a fire in New York City, Jaroslawicz & Jaros, PLLC can help. We have succeeded in collecting significant compensation in many cases involving burns or other injuries from fires. Contact Jaroslawicz & Jaros, PLLC, immediately to pursue full compensation for your injuries.
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