A fire alarm fail accident occurs when a fire alarm does not go off when it is supposed to. This may occur for various reasons. It can lead to severe property damage, injuries, and, in some cases, it can lead to a life-threatening situation.
Smoke detector or fire alarm failures can occur due to a defect with the product, failure to repair a malfunctioning fire alarm, or other causes. When a fire alarm fails to detect smoke, it can lead to injuries including:
Fire alarm failures that lead to physical injuries to a person are described as personal injury claims. Some fire alarm failures may be due to human error, but fire alarm fails that are due to the breakdown of the alarm itself are referred to as product liability claims.
Who Can Be Held Liable for a Smoke Detector Failure Incident?
There are several potential defendants.
In many cases, the manufacturer of the fire alarm or smoke detector can be held liable if there is some type of defect with the product. For example, if there is a defect in the product’s design, the manufacturer can be liable for any injuries that result from that defect.
A landlord can be held liable for a fire alarm that doesn’t respond properly in a rented house, apartment building, or other structure.
A store owner can be held liable for a malfunctioning fire alarm if customers or employees are hurt.
An employer is generally required to ensure that their employees have a safe working environment. This includes checking to ensure that the fire alarm systems are in correct working order. Therefore, an employer may be held liable for the tort (wrongful act) of negligence if a fire alarm fails and patrons or employees of the business are injured as a result.
What Is Negligence?
Negligence is an individual’s failure to use reasonable care, which results in injury to another or damage to their property. To determine if negligence occurred, a court will use the “reasonable person” standard. This standard compares an individual’s actions to what actions a reasonable, prudent individual in the same circumstances would do.
How Is Negligence Proven?
There are four elements that a plaintiff must prove in order to recover for injuries in a negligence claim. The elements are:
- Duty of care
- Breach
- Causation
- Damages
A duty of care is a responsibility that an individual owes to another. Generally, individuals going about their business in everyday life owe a duty of reasonable care to everyone around them. For example, during a rainstorm, someone who turns on their headlights to increase visibility is using reasonable care. On the other hand, if they are driving 20 miles over the speed limit, they are not exercising reasonable care.
A breach of duty occurs when an individual’s level of care falls below that required by their duty. The individual in the example above has breached their duty by speeding during a rainstorm.
Causation means the breach of the duty must be the cause of the injury.
There are multiple legal tests for causation but the most basic is the “but for” test. This test considers whether the injury to the plaintiff would not have occurred but for the actions of the defendant. If the speeding driver could have avoided an accident if they had driven at legal speed, their action was the cause of hitting another car.
Finally, to constitute negligence some harm must have occurred. This could be property damage or injury to a person.
Are There any Legal Remedies for a Fire Alarm Failure Claim?
A fire alarm failure claim may require legal action to resolve. Damages in tort law cases such as negligence cases are monetary awards for such things as medical expenses, lost wages, pain and suffering, and damage to property. If a wrongful death claim is included, the damages may cover costs such as funeral expenses.
What Are Compensatory Damages?
Injured plaintiffs who prove that a defendant has inflicted an intentional or negligent injury are entitled to compensatory damages. There are two main categories of compensatory damages: general damages and special damages.
How Are Compensatory Damages Calculated?
Compensatory general damages are damages which are awarded to the plaintiff to compensate for mental or emotional harm caused by the injury. This includes:
- Pain
- Mental anguish
- Trauma
- Feelings of humiliation or shame
- Insomnia
- Depression
- Self-destructive thoughts
- Anxiety or stress
General damages cannot be readily assigned a monetary value. The judge or jury may award whatever amount they consider appropriate for the case.
In addition to general damages, an injured person who successfully sues someone for their injury will be awarded special damages. Special damages compensate a plaintiff for the specific consequences of their injury and are meant to put them back in the position they were prior to the injury.
The special damages award is designed to cover expenses and losses which resulted from the injury, including:
In cases which involve injuries that were caused intentionally, there may be other damages awarded. This can include punitive damages, which are meant to punish the defendant. If the defendant is a large company it may take a lot of money for the defendant to feel and be punished. Punitive damage awards can run into thousands, and even millions, of dollars.
What Do I Need to Prove to Get Compensatory Damages?
A court will consider a wide range of factors when calculating compensatory damages, which may include:
- The background of the victim
- The type of injury the plaintiff suffered as well as the extent of their injuries
- Costs which are associated with treatment or rehabilitation
- Changes in the plaintiff’s ability to earn a wage after the incident
- Actual loss of income
- Whether any property damage resulted from the accident
- Other impacts on the plaintiff’s quality of life
In some circumstances, a plaintiff’s damages award may be reduced or limited. For example, if the plaintiff contributed to their own injuries, it may affect the amount of damages they collect under contributory negligence laws.
Can a Class Action Lawsuit be Filed?
In cases where the claim is based on a product defect or a product that was recalled from production, class action lawsuits may be filed. This is a specialized kind of lawsuit where a number of people who have suffered the same type of injury can sue the manufacturer, employer, store owner, or other defendant as a group.
This can be very effective when the amount of money lost by each plaintiff is not really enough to justify starting a personal lawsuit. However, by suing together, the amount of money suffered by the whole group of class action suit plaintiffs can be enormous.
Do I Need a Lawyer for Assistance with a Fire Alarm Fail Case?
It is essential to have the assistance of an experienced personal injury lawyer for a fire alarm fail case. Fire alarm failures can be very serious and potentially deadly. It may be necessary for you to file a lawsuit to resolve your legal issue. Your attorney can review your case, determine if you may be eligible to collect damages, and represent you during any necessary court proceedings.
In addition, receiving a compensatory damages award and actually collecting that award are two separate issues. A court may order the defendant to pay the plaintiff a damages award amount to compensate for their injuries. However, it is not uncommon for a defendant to be unable or unwilling to pay those damages. In these cases, your attorney may be able to assist with the collections process.
