When a fire happens in your house it can be scary. This is the place where you sleep at night and now it’s unrecognizable. You may have even got injured. The last thing you want to do is deal with the insurance company. You want them to just be able to handle it. You just want the nightmare to be over. It’s important to know who will be held liable in different cases and the legal remedies.
How does it work?
There are three types of lawsuits used in the case of fire damage. The first being for faulty or defective parts. For example, an electrical fire breaks out in your house and it’s due to faulty wiring. The second being negligence. This could be due to something like leaving a candle out in an apartment causing a fire. The third being arson, deliberately setting fire to a property.
Who can be held liable?
Liability can be determined by the cause of the fire and the different lawsuits that can be used in fire damage. Realistically, anyone can be held as a defendant even if the fire is seen as unintentional. In terms of a negligence lawsuit, anyone that was negligent in the process can be liable for the fire damage. In the example used earlier, faulty wiring in an apartment building could’ve caused a fire to break out. Defendants that may be held liable may include the company associated with the electrician, the electrician themselves who installed the wiring, the owner of the building and/or the seller of the wiring material. In a fire that was caused by defective products, the manufacturer of the product may be held liable. For example, a refrigerator catches fire.
The manufacturer may be liable if other homes have caught fire from this same refrigerator. The other type of fire is arson which means the homeowner starts the fire in order to get money from insurance. In this case, the homeowner can be liable for the insurance fraud and the arson. Insurance companies can also be held liable. It is their duty to their claimants has an “implied covenant of good faith and fair dealing”. If this is breached then actual damages as well as punitive damages may be awarded.
Equitable damages may be awarded with cases involving negligence and product liability. You must prove the defendant had a legal duty, breached that duty, and it was the immediate cause of injuries or property damage. Insurance Claims Attorney will help to recover losses that were due to the fire. In terms of injuries, you may be awarded damages covering medical expenses. In cases of product liability, the victim must show that show that the defendant distributed, manufactured, sold, and/or installed the product, which caused harm to the victim.
Even after going through the whole process with your insurance company you may not get your losses covered fairly or completely. You need to have the right attorney on your side. One who’s experienced and ready to fight for you. Jonathan Korin, is an expert in Miami fire damage law and will help protect your rights.. Contact him today for a free consultation, you’ll need to fill out this contact form or give him a call at (786) 870-4266.