Fires and electrical hazards can cause serious burn injuries in seconds. These types of injuries can be particularly harrowing when they occur on another person’s property, such as a business or a friend’s home. You had no control over the hazard being present, so can you hold the property owner liable?
A burn injury lawyer in New York will tell you that you may be able to pursue compensation for burn injuries caused by a building fire or electrical hazard, depending on the circumstances. Consulting a burn injury law firm in NYC can help you learn more about your legal options.
Burn Injury Statistics You Should Know
If you experienced significant burns due to a building fire or electrical malfunction, you certainly aren’t alone.
Burn injuries are considered a “major global public health problem” due to their high incidence rates and potential severity. Worldwide, between 7 and 12 million people sustain burn injuries that require medical care annually. In the U.S., around 400,000 burn- or fire-related injuries happen each year, according to the American Burn Association.
A large number of burns result from house fires or building fires, many of which stem from electrical malfunctions. The Electrical Safety Foundation International estimates that around 51,000 home electrical fires happen each year.
When a burn injury occurs on another person’s property, the property owner may be liable for the incident. Working with a burn injury lawyer in New York can help you explore your legal options.
How Burn Injuries Can Occur on Private Property
A person might experience burn injuries on another property due to a range of hazards. A few examples include:
- Faulty wiring that leads to an electrical fire
- Negligent handling of flammable materials, such as leaving gasoline or propane near a heater or not extinguishing candles before leaving the property
- Fire code violations, such as missing smoke detectors or sprinkler systems
- Hot surfaces or objects that are not properly labelled to warn visitors
- Chemical spills that lead to chemical burns
- Blocked or unlabeled exits, making it challenging for visitors to escape during a fire
Is a Property Owner Liable for Burn Injuries Caused by Building Fires or Electrical Hazards?
If you experienced a burn injury on another person’s property, the property owner may be liable under premises liability law. Property owners are generally responsible for maintaining safe premises and mitigating hazards. When an owner knew or reasonably should have known about a hazard yet failed to mitigate it, they could be liable for injuries and damages that occur.
Your case would need to meet the following four elements of personal injury claims:
- The property owner owed you a duty of care.
- The property owner breached their duty of care.
- An accident occurred due to the breach.
- You suffered damages in the accident.
Property owners generally owe a duty of care to those who are lawfully on their premises, whether it’s a customer at a store, a friend invited over to one’s home, or a patron using the restroom at a convenience store without making a purchase. They breach that duty when they fail to mitigate hazards they reasonably should have known about.
Is it a property owner’s responsibility to know about faulty wiring or other hidden electrical hazards that could cause a fire? It can be. A court would examine factors like how long the property owner had owned the building, the severity of the electrical hazard, the last time electrical work had been performed, etc. If you can prove that the owner knew about the electrical hazard, such as if it was identified during an inspection, this can help support a negligence or liability case.
You and your burn injury lawyer in New York would also need to tie this electrical hazard or oversight directly to the fire and prove that you suffered injuries in said fire. You might cite damages like medical expenses, lost wages, pain and suffering, and emotional distress.
Pursuing an Insurance Claim vs. Legal Action After Burn Injuries
You may be able to seek burn injury compensation from the property owner, but this does not always mean a lawsuit. Many property owners have liability insurance that can cover these types of events. If such insurance applies to your case, it may be enough to cover your injury expenses.
Your burn injury attorney may advise you to start by filing an insurance claim with the property owner’s insurer. Provide documentation related to the injury, such as medical bills and pay stubs showing how much income you are losing by being unable to work.
If the insurer denies your claim or the policy’s coverage limits do not fully account for your damages, this is when you may consider legal action. Working with a personal injury law firm in New York can help you understand this process.
Consult a New York Burn Injury Lawyer Today
Navigating a burn injury claim can be overwhelming without legal representation. At Ross & Hill, our burn injury law firm in NYC represents victims of premises liability and other personal injury cases across the city. Whether you are exploring legal responsibility for construction electrical accidents or wondering whether a business owner is responsible for a building fire, we can provide legal guidance.
Request a consultation with our burn injury lawyers in New York today at (646) 351-6222.
Frequently Asked Questions
When is a property owner not liable for a building fire?
A property owner may not be liable for building fires when they reasonably wouldn’t have known about the hazard that caused the fire in advance.
What is the statute of limitations for premises liability in NY?
The statute of limitations is generally three years for premises liability cases in New York. If the property owner is a government entity, you may need to file a Notice of Claim within 90 days.
What compensation can you seek for burn injuries on another person’s property?
You may be able to seek both economic and non-economic damages after a burn injury on another person’s property. A burn injury lawyer in NYC can provide further details.
