Blazing Winter Worries: Fireplace Safety to Avoid Wrongful Deaths

As winter approaches, we look forward to seasonal traditions as old as time. Many of us enjoy cozying up by a warm fireplace, but there is a wide range of hazards that an open fire poses. While beautiful and warming, fire can be incredibly deadly.

If left unattended or the fire maker is unaware of fire safety protocol it can be the spark of a wrongful death lawsuit. Wrongful death is a legal term for any death caused by the negligence or intentional misconduct of another person. These types of claims permit a beneficiary to file a lawsuit against the deceased. Thus bringing a Wrongful death claim may be an option after accidents involving a lack of fireplace safety. That is why it is so important to learn more about how we can keep our families safe and warm this winter, as well as what to do when a fire-related accident occurs. En español.

Prevention Is Key: Fireplace Safety Measures

The key to avoiding fire hazards and potential wrongful death lies in taking proactive fire safety measures. These steps are simple but can ensure the safety of your own home and your loved ones.

Schedule Chimney Sweeps

First and foremost, it is critical to have your chimney cleaned by a professional chimney sweep. Because over time, creosote, a highly flammable substance, can build up within your chimney. The best way to mitigate the risk of a chimney fire due to creosote build, is to schedule a professional chimney sweep on a consistent basis to ensure the creosote is disposed of. This keeps your home safe and your chimney in working condition.

Clear the Area

Be mindful of the area around your fireplace. Having flammable objects in the immediate vicinity can increase the high risk of a stray spark starting a fire.  Curtains, furniture, and any decorations should all be kept a safe distance from the flames. If you are lighting a fire outdoors you should ensure to sweep away all of the leaves and sticks within a 5-foot radius.

Never Leave a Fire Unattended

Make sure there is always someone present when the fireplace is in use, and take extra precautions if you have any young children or pets. As your children get older, ensure to educate them about the dangers of the fireplace.

Keep Fire Retardant Close By

When you are tending a fire, make sure you have a way to put it out if it starts to go out of control. In a crisis having a fire extinguisher or bucket of water can make all of the difference.

Taking these preventative measures is essential when dealing with fires to ensure that you can safely enjoy the warmth of a fire in the cold months.

Who Can Bring a Lawsuit for Wrongful Death From Fire?

But what happens when the worst happens? For someone to bring a Wrongful death claim, they must have standing to do so, and a legal right to sue for the deceased. In most courts, a Wrongful death claim may only be brought by a designated beneficiary. Designated beneficiaries are individuals who are related to the deceased and may include immediate family members, distant family members, domestic partners, and financial dependents.

Who is the Defendant in a Wrongful Death Fire Accident Claim?

The defendant in a fire accident case can be any individual or entity who contributed to someone’s death. Some of the most common defendants in fire incident cases include:

• Electrical companies, if an electrical part malfunctioned or was wired incorrectly.
• Manufacturing companies, if a faulty product started the fire in the first place.
• Businesses, if a fire they started was not properly extinguished by their sprinkler systems.
• Contractors, if improperly built homes are inescapable or not up to the fire code.
• Property owners, if they didn’t maintain their smoke detectors and other fire safety measures properly.

The best way to know who had a duty of care in a fire-related accident is by obtaining a professional legal opinion.

Have Price Benowitz Help You With Your Fireplace Safety Case

If your loved one has passed away from a dangerous fireplace or fire-related accident, it is critical to get legal counsel. Experienced lawyers can help determine the origin of the fire and identify appropriate liable parties. Contact Price Benowitz’s team of skilled attorneys today for a free case evaluation to gain the compensation you deserve.