No matter where it happens, a fire injury is likely to leave you or a loved one with long-term complications. At Maison Law, we have a group of committed and dedicated lawyers in California with the experience you need when facing a fire injury at the house you’re renting.
We understand the difficulties that come after a fire accident. No matter what your situation is, we’re here to provide the legal help you need. Handling these cases can be challenging, but we’re dedicated to protecting your rights. If you or someone you know was injured in a fire at a rental house, contact us for a free consultation.
Property Ownership and Responsibility After a California Rental House Fire
What makes a rental house fire unique in California is that you, as a tenant, don’t have ownership over the property. While you have a general duty to keep the environment safe for you and others that live there, the vast majority of scenarios where a house fire happens and causes injuries is the responsibility of the owner of the property. In the context of a rental house, this could be:
- Individuals – Many rental houses are owned by individual property owners who may have purchased the property as an investment or for personal use.
- Families – Family-owned rental houses are quite common, where multiple family members jointly own and manage the property.
- Property management companies – Many rental properties are owned by management companies who purchase properties with the primary goal of generating rental income and potential appreciation.
- Corporations – Large corporations or real estate development companies may own rental houses as part of their investment portfolio.
- Limited Liability Companies (LLCs) – Some rental properties are held by LLCs for liability protection and tax benefits.
- Government entities – In some cases, government entities like housing authorities may own rental houses as part of affordable housing programs.
- Housing cooperatives – Cooperative housing associations can collectively own and manage rental houses.
- Universities and colleges – Universities and colleges may own rental houses to provide housing options for students and faculty.
- Religious organizations – Some religious organizations own rental properties as part of their outreach or support services.
Regardless of who owns the house, ownership has a more stringent duty of care to make sure that fires don’t happen, either by warning the tenant of potential hazards or having reasonable knowledge of potential hazards. Still, when there is a fire, someone is responsible. In order to figure out who that is, we have to establish negligence.
Negligence
Like any other accident, negligence in a house fire has four distinct but concurrent elements:
- Duty of care – Landlords must keep the property safe and follow safety rules. Tenants must also use the property responsibly.
- Breach of duty – Negligence happens when someone (landlord, tenant, or another party) doesn’t meet their duty. For example, a landlord might be negligent if they ignore fire risks or don’t provide required safety equipment. A tenant might be negligent if they act recklessly and start a fire.
- Causation – It must be clear that the breach of duty directly caused the fire. If the breach didn’t lead to the fire, it may not count as a cause.
- Damages – Actual harm or losses from the fire are necessary for a negligence claim. This could include property damage, injuries, or even death. Damages quantify what the affected parties lost.
Generally speaking, if you or a family member has been hurt by a house fire, that will serve as causation and damages to fulfill the requirements for negligence. However, it’s important to know what evidence you’ll need to prove your claim.
Evidence Needed For a Rental House Fire Injury Claim
The relative strength of your fire injury claim rests on the evidence you can provide. While your case is unique and depends on the circumstances, there will be several pieces of evidence that you can gather to strengthen your claim. To that end, our team can help. We have years of experience in gathering and analyzing evidence to further embolden our clients to get the support they deserve. Generally speaking, here is a look at key pieces of evidence you’ll need:
- Incident report – If the fire department responded to the scene, obtain a copy of the incident report. This report can provide critical details about the fire’s cause and extent.
- Photographs and videos – Take pictures and videos of the fire’s aftermath. This includes damage to the property, injuries, and the location of any safety equipment (smoke detectors, fire extinguishers, sprinklers, etc.).
- Medical records – Make sure to gather all medical records available to show the extent of your injuries. This includes records of hospital visits, treatments, surgeries, prescriptions, and any medical bills.
- Witness statements – If there were witnesses to the fire or the events leading up to it, gather their statements. These can include statements from neighbors, other tenants, or anyone who can provide information about the incident.
- Fire department records – Request records from the fire department that detail their response to the fire. This may include information about the cause of the fire and actions taken to control it.
- Lease agreement – Review the lease agreement between you and the landlord to determine who is responsible for what when it comes to safety and maintenance.
- Inspection records – If there were recent inspections of the rental property, obtain those records to check for any safety violations or issues that were overlooked.
- Communication with landlord – Save any correspondence with the landlord or property management company related to safety concerns, maintenance requests, or repair issues.
- Expert opinions – If necessary, consult with experts such as fire investigators, engineers, or medical professionals who can provide expert opinions about the cause of the fire, its impact on your health, or any safety violations.
- Insurance documents – Review your insurance policies and those of the landlord to understand coverage and responsibilities related to fire damage and injuries.
- Statements and documentation – Write down your own account of the events leading up to and following the fire, including your injuries, treatment, and the impact on your life.
With this evidence, it can certainly help your case. However, what will ultimately determine the viability of your case is the extent of your injuries and damages.
Injuries and Damages in a California Rental House Fire
Much like every fire incident is unique, so too are the potential injuries that come out of them. That said, the usual injuries that result aren’t surprising. They usually include:
- Burns and scalds
- Carbon monoxide poisoning
- Smoke inhalation
What sets a fire apart is the extent of how damaging they are. Burns, especially, have long lasting impacts on both your physical and psychological makeup. Thus, when you file an injury claim, the law attempts to take this damage into account when deciding what you’re able to recover:
- Medical expenses – You can seek financial support for all medical expenses and other costs related to injuries sustained in the fire. This even covers things like medical devices you may need.
- Pain and suffering – Damages for physical and emotional pain and suffering caused by the injuries, including mental anguish and emotional distress.
- Lost income – If you’re unable to work due to injuries sustained in the fire, you can seek compensation for lost wages or income. This may include both current and future lost earnings.
- Property damage – You can seek support for the loss or damage to your personal property, such as furniture, clothing, electronics, and other belongings, caused by the fire.
- Displacement costs – If you’re forced to temporarily relocate due to the fire, they may be able to recover expenses related to temporary housing, transportation, and increased living costs.
- Wrongful death expenses – If a person dies as a result of the fire, their surviving family members may file a wrongful death lawsuit seeking compensation for funeral expenses, loss of financial support, and emotional distress.
- Punitive damages – In cases of extreme negligence or willful misconduct by the responsible party (such as a landlord’s gross negligence in fire safety measures), punitive damages may be recovered. These damages are designed to punish them and prevent similar conduct in the future.
- Future damages – If your injuries require ongoing medical treatment or result in a permanent disability, you may be able to recover costs for future medical expenses and lost earning capacity.
As with any accident, your initial concern should be getting to safety and checking for injuries. Once you’ve evaluated the situation and confirmed any injuries. Once you’re able to get a handle on the situation, contact our team. We can get the claims process moving forward and closer toward getting the compensation you deserve.
Contact Maison Law After a California Rental House Fire
At Maison Law, our top priority is making sure our clients are satisfied with their claim. If you’ve suffered injuries in a rental house fire accident, you can rely on our legal support and guidance. With years of experience, our team of fire injury lawyers have developed a proven system to secure the financial support and closure our clients deserve.
Contact us today for a free consultation.
