Smoke Inhalation Injuries and Premises Liability

Smoke inhalation injuries occur when individuals breathe in
harmful gases, chemicals or particulate matter during a fire, and can lead to severe health complications or even death. These injuries are very common in fires in enclosed spaces such as residential buildings, hotels or commercial properties where escaping toxic smoke may be challenging. Premises liability laws often play a critical role in smoke inhalation injury cases, especially when the negligence (carelessness) of property owners or managers contributes to the incident.

Understanding Smoke Inhalation Injuries

Smoke inhalation is the leading cause of fire-related deaths and injuries. Unlike burn injuries, which affect the skin, smoke inhalation affects the respiratory system and can cause long-lasting damage to the lungs, throat and even the brain. When smoke is inhaled, toxic substances like carbon monoxide, hydrogen cyanide, ammonia and other chemicals from burning materials are absorbed into the body. These toxins can cause immediate symptoms like coughing, wheezing, and difficulty breathing as well as longterm issues such as chronic respiratory conditions, neurological damage, and cardiovascular problems.

Key symptoms of smoke inhalation injuries include:

• Difficulty breathing, coughing, wheezing, and shortness of breath.
• Sore throat, red or watery eyes, and nasal irritation.
• Headache, dizziness, confusion, and in severe cases, unconsciousness due to oxygen deprivation.
• Exposure to carbon monoxide or cyanide can disrupt oxygen flow to the heart, leading to arrhythmias and potentially life-threatening conditions.

The severity of smoke inhalation injuries often depends on the length of exposure, the type of materials burned, and the person’s pre-existing health conditions. Immediate medical attention is crucial because some symptoms may not appear until hours after the exposure.

Premises Liability and Smoke Inhalation

Premises liability is a legal concept that holds property owners, managers, and other parties responsible for injuries that occur due to unsafe conditions on their property. In the context of smoke inhalation injuries, premises liability may apply if a property owner’s negligence (carelessness) leads to an unsafe environment that increases the risk or severity of injury during a fire.

In a premises liability claim, injured parties generally must prove that:

• The property owner/manager owed a duty of care. Property owners/managers have a duty to maintain a reasonably safe environment for visitors, tenants, or customers.
• The owner breached this duty. This breach can include failing to adhere to safety codes, not maintaining fire alarms or sprinklers, obstructing exits, or neglecting other critical fire-safety protocols, etc.
• The breach caused harm. The injury must directly result from the property
  owner’s/manager’s negligence (carelessness), and not from unrelated circumstances.
• The injury led to damages. The plaintiff must show that the injury caused financial or non-financial harm, such as medical bills, lost wages, pain, and suffering.

Common Causes of Smoke Inhalation Injuries in Premises Liability Cases

Several negligent (careless) actions by property owners/managers can contribute to smoke inhalation injuries during a fire. Some of these actions include:

• Failure to install or maintain fire alarms: Working fire alarms are essential for alerting occupants in case of a fire. When property owners/managers fail to install alarms or neglect regular maintenance, residents may not receive timely warnings, leading to prolonged smoke exposure.
• Inadequate fire suppression systems: Commercial and residential buildings often require fire suppression systems such as sprinklers. Failure to install or maintain these systems can allow fires to spread unchecked, worsening smoke conditions.
• Blocked or insufficient exits: Blocked exits, locked doors, or insufficient escape routes can trap people inside a building, increasing their exposure to smoke. Property owners/managers must ensure that all exits are accessible and clearly marked.

Contacting an Experienced Lawyer

Whether you have been living as a tenant at a private apartment complex or in a public housing unit (NYCHA) (the Projects), please remember that you have legal rights. If you or a loved one has been injured as a result of dangerous conditions, the experienced New York personal injury attorneys with the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options and also fight hard to recover just compensation for you. For over 53 years, our skilled attorneys have established a proven track record of assisting injured victims. One of our clients — a hot water burn victim — secured $750,000 in damages from the property owner and manager.

Our firm also obtained a $985,000 settlement out of a $1 million insurance policy for two people who suffered smoke inhalation injuries because the homeowner did not have smoke detectors installed and the $15,000 that was left on the insurance policy was for a person that we did not represent. Another of our clients recovered $2,500,000 due to a faulty space heater. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.

Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case. Other TOLL FREE phone numbers for us are: 1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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