With winter’s icy grip upon us, it can be hard to find cost-effective ways to stay warm. That’s why many New Yorkers end up using space heaters or their ovens as a heating source to get by. This might seem like a good idea in the moment, but the truth is that relying on these modes of heating can prove dangerous. In fact, every year many people are injured or killed in fires started by these devices. If you’ve suffered burn injuries caused by a space heater or open oven, you might feel like you’re to blame for the incident. But that isn’t necessarily the case.
If you rent an apartment or live in subsidized housing, then your landlord has been tasked with maintaining the premises in a safe manner, which includes ensuring that smoke detectors are placed in appropriate areas and that fire exits remain clear. When that doesn’t happen and you suffer injuries as a result, then you may be warranted in taking legal action to try to find accountability and recover compensation for the harm that’s been caused to you.
In what circumstances are landlords liable for burn injuries?
There are several scenarios that could lead to landlord liability after a fire. Here are some examples:
- Bars were placed on windows: Some landlords place bars on windows to try to protect residents. But they fail to recognize how these same bars become a tremendous hazard when a fire breaks out, as they can prevent escape. So, if there were bars on your windows and your inability to escape resulted in burn injuries, then you might have a claim against the property owner.
- Smoke detectors were misplaced or were missing: Smoke detector placement is really a science. Therefore, smoke detectors that are misplaced can fail to detect fire and alert you to the danger. This can result in otherwise avoidable injuries. The same can be said for malfunctioning smoke detectors that aren’t replaced. Some property owners even fail to install smoke detectors altogether. Any of these circumstances can lead to burn injuries and warrant a lawsuit.
- Improperly maintained heating systems: Your landlord likely has a duty to maintain heating systems in your apartment. When they neglect their duty to adequately maintain and repair these systems, a fire can start, leaving you seriously injured.
- Lack of fire extinguishers: Some fires can be stopped with the use of a fire extinguisher. But if your property owner failed to supply them, then they may be held accountable for any harm that results after a fire.
- Electrical systems were faulty: Sometimes electrical systems fall into disrepair. This can be due to age, overloaded circuits, or even wires chewed by rodents. Your landlord should be made aware of these issues, if you become aware of them, and they should take swift action to repair the issue. If they don’t act in a timely fashion, then their negligence could result in a fire and thus your burn injuries.
Don’t shoulder the blame for your burn injuries
It’s easy to accept fault after a burn injury caused by heating sources used during the winter. But don’t automatically assume that the injuries are your fault. There’s a good chance that you can take legal action against another party in hopes of securing accountability, a sense of closure and much needed compensation. If you’d like to know more about how to pursue one of these cases, then please continue browsing our website to learn more about the legal process.