Serious burn injuries often require skin grafts, reconstructive surgery, and a period of physical therapy. Many burn injuries result from liquid spills, chemical spills, explosions, car accident fires, building fires, and electrocutions.
Property owners such as retailers, hotels, or apartment managers are liable for burn injuries and deaths that occur due to locked fire exits or building code violations involved in a fire. Sprinkler systems that don't work, lack of smoke detectors, or an absence of clearly marked fire exits may create additional liability for property owners when it's clear these dangers were ignored. Similarly, manufacturers can be held liable when there is clear evidence that a smoke detector failed to work or a sprinkler system malfunctioned.
Under California law, "[A] person injured by another's tortious conduct is entitled to recover the reasonable value of medical care and services reasonably required and attributable to the tort." (Hanif v. Housing Authority of Yolo County (1988) 200 Cal.App.3d 635, 640, internal citations omitted.)
A person may also recover for all detriment caused whether it could have been anticipated or not. In accordance with the general rule, it is settled in this state that mental suffering constitutes an aggravation of damages when it naturally ensues from the act complained of, and in this connection mental suffering includes nervousness, grief, anxiety, worry, shock, humiliation and indignity as well as physical pain. (Crisci v. The Security Insurance Co. of New Haven, Connecticut (1967) 66 Cal.2d 425, 433 internal citations omitted.)
The California Supreme Court has stated: " 'Under the prevailing American rule, a tort victim suing for damages for permanent injuries is permitted to base his recovery "on his prospective earnings for the balance of his life expectancy at the time of his injury undiminished by any shortening of that expectancy as a result of the injury.' " (Fein v. Permanente Medical Group (1985) 38 Cal.3d 137, 153, internal citations omitted.)
Working with fire investigators and other experts, Mr. Charlton will determine what caused a fire or explosion in order to hold those responsible, accountable for our client's burn injuries. Contact Mr. Charles P. Charlton for a free consultation at (310) 651-9906.