Chances are, if you’re involved in a fire in California, you’re probably going to end up in a hospital at some point. However, there’s a number of potential scenarios inside (or outside, as it were) of a hospital where you could experience a fire injury.
At Maison Law, our team of experienced California fire injury lawyers understand the profound impact a fire or burn injury can have on not just you, but your loved ones. Hospitals, like any other establishment, have a legal duty to protect you and others from fires and the chaos they can cause. When that doesn’t happen, and you get hurt, contact us today for a free consultation.
Injuries in Hospital Fires in California
Generally speaking, a fire causes a lot of chaos no matter where it happens. With that said, when there’s a fire in a hospital, it’s potentially even more devastating for a number of reasons:
- Vulnerable patients with limited mobility.
- Risk to critical medical equipment.
- Complex and challenging evacuations.
- Smoke and toxic fumes harm patients.
- Disruption of healthcare services.
- Psychological impact on patients and staff.
- Loss of critical patient records and data.
Not only that, but fires result in a range of serious injuries:
- Varying degrees of burns
- Smoke inhalation and other respiratory injuries
- Traumatic injuries from falls or crush events when trying to get away from the fire
- Chemical burns or asphyxiation
- Eye or other skin injuries
- Emotional trauma
Basically, a fire creates a situation where you have to move quickly to avoid injuries. In a hospital especially, this either isn’t possible or at the very least requires an extensive plan in place. While the vast majority of hospitals have such a plan in place, it’s often up to hospital staff to carry it out.
Who’s Liable For Fire Injuries at a California Hospital?
When there’s a fire at a hospital in California that injures you or a loved one, it can sometimes be difficult to parse out who is responsible. However, California law attempts to make this process a bit more clear by assigning “liability”, which is determined by negligence. Negligence, at least in the context of a hospital fire, refers to the hospital or other party’s:
- Duty of care to prevent accidents and injuries
Thus, when there’s a fire, any of the following can breach their duty and cause an accident that results in injuries or other damages:
- Hospital administration – The hospital administration may be held liable if it can be proven that they were negligent in maintaining fire safety protocols, conducting regular fire drills, or providing adequate training to staff.
- Building owners – If the hospital building is owned separately from its operations, the building owner could be held liable if they failed to maintain fire safety systems, such as fire alarms, sprinklers, or fire-resistant construction materials.
- Maintenance companies or contractors – If the hospital contracts maintenance services for fire safety systems and equipment, the contractor could be liable if they were negligent in their duties, leading to malfunctioning fire safety systems.
- Equipment manufacturers – If a defective piece of equipment or electrical system within the hospital caused the fire, the manufacturer of that equipment might be held liable for product liability.
- Hospital staff or personnel – If the fire was caused by the negligence of hospital staff or personnel, such as improper storage of flammable materials or failure to follow safety procedures, they could be held individually liable.
- Contractors or construction companies – If the fire was related to recent construction or renovation work in the hospital, the contractors or construction firms involved might be held responsible if their work contributed to the fire.
- Third parties – Sometimes, third parties not directly affiliated with the hospital may be responsible for fires, such as arsonists or those responsible for accidents that led to the fire. In such cases, they would be held criminally liable.
To ultimately determine liability, our team of experienced fire injury lawyers can use our knowledge and resources to:
- Thoroughly investigate the cause of the fire.
- Examine any building contracts, maintenance records, building codes, and other relevant documentation.
- Consult with fire safety experts and forensic investigators to assess the cause of the fire, the adequacy of fire safety measures, and whether any code violations contributed to the incident.
- Interview hospital staff, maintenance personnel, and other relevant parties to gather information about the events leading up to and during the fire.
- Work with medical experts to assess the extent of injuries, their causation, and potential long-term consequences for affected individuals.
- Evaluate the hospital’s insurance policies and those of any potentially liable parties to determine the extent of coverage available for compensation.
In determining liability, there is also a unique element in California referred to as “comparative negligence.” In the context of a fire injury, if you were trespassing on hospital property or otherwise contributed to creating the accident, your ultimate recovery of damages will be reduced by your same percentage of fault in the incident.
Recovering Damages in a Fire Injury Case in California
When you suffer an injury in a fire at a California hospital, whether as a patient or simply a visitor, the consequences can be quite severe, leading to significant harm. Fires and burns can result in extensive injuries as they damage your skin, muscle, and even nerves. Additionally, the damage to the skin often leads to infections in the affected area. Beyond the physical injuries, these traumatic events can also leave lasting emotional and psychological scars.
In the context of an injury claim, several factors come into play when determining the damages that you can go after, including:
- Medical expenses and ongoing treatment, such as surgeries, skin grafts, or rehabilitation.
- Financial support for both physical and emotional pain.
- Damages to address emotional distress.
- Reimbursement for lost income.
- Any property damage resulting from the incident.
- Loss of companionship or quality of life.
- Financial considerations for any scarring and disfigurement
- Punitive damages, particularly in cases where the at-fault party’s negligence is especially excessive.
Although California has specific laws in place regarding fire injuries, every case is unique, and we can’t guarantee a favorable outcome. Nevertheless, our experienced team of California fire injury lawyers is here to assist you. We’ll stand with you, offering guidance and advocacy to strengthen your claim and pursue the financial support you rightfully deserve during this challenging period. However, it’s important to know what you need to strengthen your case.
Strengthening Your California Fire Injury Claim
Even with determining liability and an understanding of the process for recovering damages, there still remains the need to bolster your claim. After all, the relative strength of any claim relies on the evidence you can present. So, when you have been injured in a fire, here are steps to strengthen your injury claim:
- Get medical care – Your health is the top priority. Get proper medical care for your injuries, and make sure to keep records of all medical treatment, prescriptions, and doctor’s notes.
- Preserve any evidence – Document the aftermath of the fire as thoroughly as possible. Take photos or videos of the scene, your injuries, and any property damage. Gather any relevant documents, such as medical bills and records.
- Contact authorities – Report the hospital fire to the appropriate authorities. This ensures an official record of the incident.
- Identify any witnesses – If there were witnesses to the fire or your injuries, obtain their contact information. Their statements can support your claim.
- Notify your insurance – Let your insurance company know about the incident as soon as you can. Provide them with all the necessary information and work with their investigation.
- Gather any hospital records – Request copies of your medical records, including diagnostic tests, treatment plans, and any statements from healthcare professionals about the extent of your injuries.
- Preserve communications – Keep a record of all conversations and correspondence related to your claim, including interactions with insurance adjusters, medical professionals, and legal representatives.
- Calculate your damages – Work with our team to assess the full extent of your damages, including medical expenses, lost income, pain and suffering, and other losses.
- Negotiate or file a lawsuit – Our team will represent you against the hospital and any other liable party, either negotiating a settlement with their insurance companies or pursuing a lawsuit if necessary.
By following these steps and working closely with our team, you can strengthen your fire injury claim and increase your chances of receiving the financial support and benefits you need to recover from the hospital fire incident.
Experienced Legal Support After a California Hospital Fire
While fires in a hospital may not be a common sight, they can still happen, and the outcomes can be severe. When you or a loved one are injured because a hospital didn’t do what they were supposed to do, Maison Law will be there to stand up for your rights.
Our team of experienced California fire injury lawyers can provide you with the legal support and guidance you need. Contact us today to set up a free consultation to get started.
