Wrongful Death Cases Caused By Fire

Our office has been contacted on numerous occasions by individuals seeking restitution for the loss of a life of a loved one due to a house fire. In some cases the house fire may be caused by a malfunctioning device. In other cases the fire’s consequences may have been escaped had a smoke detector been functioning properly. In other cases, an electrical water heater may explode or there may be problems with a gas line or some other component of the house itself which causes the fire. While all cases are different, whenever a wrongful death results from a house fire, the tragedy can be compounded if there is not a proper investigation following the fire itself.
The causes of some fires can never be determined many times due to the blaze itself. The fire consumes all the evidence and it is impossible to determine the actual cause or origin of the fire. In other cases, however, if there is enough remaining evidence after the fire for forensic examination, a cause, in fact, can be determined. What is vital in all of these cases is that there be a scene investigation conducted by the local Fire Marshall’s Office and that counsel for the survivors of those killed in the fire be retained to review their work and also to conduct an independent examination of the site. The sooner one works on such a case to preserve all available evidence, the better the opportunity for uncovering evidence which will support a viable claim, whether it be a product liability claim, claim against a negligent contractor or otherwise. In any case in which a wrongful death occurs as a result a house or trailer fire, family members may wish to consult counsel on behalf of the survivors if for no other reason than to make sure that an adequate on-site investigation is conducted either by the authorities or by private investigators. Sometimes the failure to act in an expeditious manner can result in crucial evidence being overlooked and/or in crucial evidence being destroyed. A failure to preserve evidence is the biggest reason why claims are unsuccessful when house fires are involved, thus it is imperative that an investigation be conducted as soon as is possible under the circumstances.