Eight people, including a firefighter, were injured in an apartment building fire in Washington Heights on Aug. 23. According to a CBS News report, investigators say the fire started in a trash compactor and flames could be seen at the top of 30-story building on Eighth Avenue near Harlem River Drive. One person suffered serious injuries and six others suffered non-life-threatening injuries. One firefighter was also injured. The cause of the fire is still under investigation. It is not clear if the apartment building had working smoke detectors and if residents received warning of the fire.
Residential Fires and Smoke Detectors
According to the National Fire Protection Association (NFPA), more than one quarter or 26% of reported fires between 2016 and 2020 occurred in homes. In addition, 75% of civilian fire deaths and almost 74% of the reported injuries were caused by home fires. During this five-year period, U.S. fire departments responded to an estimated average of 343,100 home structure fires per year. These fires caused an annual average of 2,610 civilian deaths; 11,090 civilian fire injuries; and $7.6 billion in direct property damage. Most home fires and fire casualties result from cooking, heating, electrical or lighting equipment, intentional fire setting and smoking materials, statistics show.
Smoke alarms play a critical role when it comes to preventing deaths, injuries and damages in home fires. NFPA studies show that between 2015 and 2019, smoke alarms were present in 74% of the reported home fires. However, almost three out of every five home fire deaths resulted from fires where either no smoke alarm was present (41%) or at least one alarm was present but didn’t operate (16%).
Fires have the potential to result in severe burn injuries and smoke inhalation injuries, which studies show are deadlier than burn injuries. Fire and burn injury victims often deal with job loss, mounting medical expenses and severe emotional distress from disfigurement and scarring.
Property Owners’ Responsibilities
New York City laws require property owners and/or property managers to maintain spaces that are safe for tenants, visitors and guests. Property owners are required to provide, install and maintain smoke detectors and carbon monoxide detectors in each unit. The devices should also be maintained and remain in good working order. When a fire or accident at a building is caused by negligence (carelessness) or a lack of property maintenance, the property owners and/or property managers may be held liable for the injuries and loss of life that occurs. Injured victims or families of deceased victims can file a premises liability claim against the responsible parties including, but not limited to, the property owner, property manager, maintenance/repair company, etc.
Injured victims in such cases can seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, permanent injuries, disabilities, past and future pain and suffering, etc. Families that have lost loved ones can file a wrongful death lawsuit seeking compensation as well.
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 a fire or 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 51 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 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.
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1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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Source: https://www.cbsnews.com/newyork/news/washington-heights-apartment-building-fire/