Posted: January 18, 2011
Whenever I see that a fire injured someone I wonder whether the Smoke detectors were working and could have prevented personal injury. Yesterday I concluded a case in mediation where a young man was seriously burned in an apartment fire. The money he will get will help some , but pales in significance to his injury. There was no dispute that the fire detector did not work. Depending on the facts the landlord may or may not be responsible and liable for tenant injury for the failure of a smoke detector. So I was saddened but not surprised to read in the paper about a woman resident of the Silvercliff apartments suffering critical injury as a result of a fire. From reading the paper there was no way to tell much about the cause and origin of the fire or whether smoke detectors played a part . It was disturbing to read that "several complained this was the third or fourth fire in the building over the last year." You would think someone would be investigating this unusual occurrence of so may fires in one building. The fire department investigation does not always answer all the questions. Luckily it appears that the fire department heroically saved lives. The paper described the fire crews recued dozens of people, busting deadbolts off the doors or smashing windows. Fire injuries often are horrible, leaving the injury victim scarred for life. This fire will fade from the news. But it should not fade from investigation and placing responsibility at the feet of those who deserve it. I wonder what was the cause and origin of the fire and were smoke detectors there in accordance with Code and working properly. Often it is a follow up investigation by insurance or an attorney hired to help the victim that fleshes out could someone have prevented the injury. It can be critically important to have your own investigators document the fire scene before it is destroyed. Although fire department investigators will do so there is no substitute for a thorough investigation by someone on the victim's behalf. Here is a link to the breaking news story of the fire By Cincinnati accident and injury lawyer Anthony Castelli. you can speak with Anthony at 621-2345
