Balke & Williams

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Balke & Williams

Fire-related accidents are rare, but can result in devastating injuries such as third-degree burns. Typically, they occur after a spill of fire accelerant or a transfer of accelerant to a person’s clothing.

When Do Premises Liability Laws Apply In Fire Accident Cases?

Premises liability laws apply to fire accident cases in the same way that they apply to any other type of case. Homeowners’ insurance will cover the people who live in the home, including any children. The classic example, is the teenage party-gone-wrong, where a party guest is burned at a bonfire. Homeowners’ insurance may well cover everyone who was involved. A common misconception that people have is that an accident must occur on their property in order for their homeowners’ insurance policy to cover any resultant damages, but this is not true; even if a bonfire accident involving someone’s child occurred on someone else’s property, their homeowners’ insurance policy would likely cover the damages. Whenever you have questions about homeowners’ insurance coverage, it is usually best to seek the advice of a personal injury attorney right away.

What Must Be Proven In A Fire Accident Premises Liability Claim?

A homeowners’ insurance policy covers the consequences of negligence, so in order for a fire accident premises liability claim to be viable, there must be negligence. For example, an individual may fail to take proper care in doing something and an injury or accident may occur as a result.

Negligence does not mean that someone intentionally caused an accident or injury. For instance, there was a classic case which involved two friends who were sitting across from one another with a fire in between them. One of them squirted lighter fluid into the fire in an attempt to amuse the other; the stream of lighter fluid caught fire and carried over the fire, hit the friend, and caused second and third-degree burns on his abdomen. Luckily, the injury wasn’t life threatening, but there was disfigurement and scarring, which is common in these cases.

The severity of disfigurement and scarring will dictate the value of a case. The distance from which disfigurement or scarring is visible and the location on the body will be taken into consideration when determining the level of severity. Interestingly enough, jury research shows that juries are a lot more concerned with scarring on young people, and particularly on young females.

Can The Host Of A Party Be Liable If One Of The Guests Causes Injury To Another Guest?

A homeowner can be held liable for a lack of proper supervision or negligence that results in an injury on their property. Parents have a well-recognized duty to supervise their children, especially on their own property. This means that if a fire or gunshot-related injury involving teenagers were to occur on a parent’s property while they were out of town for a weekend, that parent could be held liable for the injuries sustained due to improper supervision, negligence in the form of failing to properly secure the gun case, or failure to have an adult check in on the teenagers while they were away.

For more information on Common Causes Of Fire Accidents In Illinois, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (815) 495-5598 today.

Balke & Williams

Call Now For A Free Strategy Session
(815) 495-5598