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Smoke Detector Failure Claims – The Mark Casto Law Firm

On Behalf of | Jun 28, 2022 | Firm News

Smoke Detector Failure Claims

One of the most terrifying events in life is being involved in a fire. When a structure is on fire there is often little time to escape to safety. Therefore, it is critical to have working smoke alarms inside all structures to alert anyone inside of potential danger if a fire breaks out. In Georgia, residents can find more helpful information about fire safety and fire alarms by reviewing the Office of Commissioner of Insurance and Fire Safety. There could be multiple reasons a smoke detector does not function properly. Should negligence be a contributing factor to the failure of a smoke detector, there could be one or more than one party liable for paying victims for the damages they suffered during a fire. Smoke detector failure claims can lead to compensation for victims who were injured as a result. To have your case evaluated, consider working with an experienced Georgia defective device attorney at The Mark Casto Law Firm, P.C. Call today at 706-450-7071.

How Can a Smoke Detector Malfunction?

There are several ways and reasons why a smoke detector may not properly function and alert those in a dwelling of danger. Each brand of smoke detector uses its own system to identify smoke and set off that ear-piercing ring. It is incredibly important for a smoke detector to have a primary power source and a backup in case of emergency. If the smoke alarm does not have power, it becomes nothing more than a fixture on a wall or ceiling. For this reason, it is always good to test fire alarms regularly on an annual basis. It is recommended to test the power supply one to two times every year.

According to the United States Fire Administration, when home fires are deadly three out of five of these fatal incidents will take place because the homes did not have a functioning and working smoke alarm. When there is a properly working smoke detector, the risk for death should a fire break out is decreased by 50%. This speaks volumes about how important working smoke detectors are and highlights the need to remember to check smoke detectors regularly. However, there are other reasons that a fire detector may not alert those inside to the presence of a fire.

Installation Error

A smoke detector can be connected to a reliable power source but if it is not installed correctly, it still may not go off and sound the alarm when smoke particles are present.

Manufacturing Defects

A smoke detector that has defective parts, design, or assembly that make it ineffective and unable to function puts consumers who purchase it in harm’s way should a fire take place and the smoke detector be unable to identify it.

Landlord Neglect

Keeping a smoke detector in good condition and reliable means that regular checks are necessary. This is true for a private homeowner but also for a landlord that is responsible for a property where multiple people reside.

When Is It Possible to File a Smoke Detector Failure Claim for Compensation?

If there is negligence present with respect to the functioning, or lack thereof, of a smoke detector, victims may be able to pursue a smoke detector failure claim for compensation. Identifying who has liability for the smoke detector failure often requires a detailed investigation regarding how the event transpired. When victims work with the Georgia personal injury attorney at The Mark Casto Law Firm, P.C. they can get the help needed to build a claim along with strategic legal representation that will fight on their behalf for maximum recovery.

When it comes to defective products, such as smoke detectors, the stakes are high because of the severe injuries and death that can result from a fire. Considering there can be multiple parties who may have had some duty of care to a victim, filing a claim can be a legally challenging and complex process. Some examples of parties or entities that could be held accountable for following the failure of a smoke alarm to warn a victim of a fire include:

  • The installation team
  • A property owner
  • A landlord
  • A manufacturer
  • A retailer

Consider visiting with an experienced smoke detector failure claim attorney to learn more about your legal rights and options.

Common Injuries Suffered as a Result of a Fire

There are several forms of physical bodily harm that can result when exposed to a fire. First, there are the actual burns from the flames that can cause massive scarring, intense pain, and permanent disfigurement. Burns may also be so catastrophic that the amputation of limbs may be necessary. Lung deterioration and harm can also transpire when a person must breathe in those toxic and suffocating flames for extended periods of time. Additionally, along with physical bodily harm, victims often also face significant emotional trauma and personal distress from the shock and suffering the experience inflicted. In many cases, victims suffer from post-traumatic stress disorder and serious mental challenges following a fire.

Speak to a Georgia Personal Injury Attorney Today

Fire trends show that most blazes happen at night. This is an even more perilous time because, at night, it is reasonable to say that people are sleeping and less aware and alert of their surroundings. Without an alarm sounding off a fire can spread quickly and engulf a home far too fast for those in bed to react and get to safety. The importance of working smoke detectors can not be overstated.

Suffering injuries in a fire is a terrifying experience to have to endure. Smoke detector failure claims may be the way that some victims can obtain compensation for all of the losses suffered after a fire event. To discuss your fire experience and to learn more about if you have a claim for compensation, please call The Mark Casto Law Firm, P.C.  to schedule a free consultation at 706-450-7071.