Legal Question in Personal Injury in Maryland

Injured in apartment fire, smoke detectors non functioning in all apts., also ot

Injured in apt fire.Owners policy maxes out at 500000. Apartment inspected 3X'S by county before moving in and passed final inspection. Electrical fire started from old reconditioned wall heating unit. Detectors not installed properly, hard wired so no batteries needed. Functioning sound alert worked when test button hit but did not detect for smoke. Unit supposed to be worked on the morning before the fire but repair people no show. I am permanently disabled with 3rd degree burns over 80%,permanently disfigured, PTSD and multiple life time care providers needed including reconstructive surgery , plastic surgery, physical thearpy etc. My med bills are over 500000. Who else do I go after and what are state liabilities toward negliance of the inspector and the manufacturer of unit along and repair person company? Does my family have the right to sue for emotional distress, loss of work and transportation costs? I will be in and out of hospitals for reconstruction and other health related issues for the rest of my life. Who has to pay for my extensive care costs?


Asked on 2/08/00, 9:22 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Injured in apartment fire, smoke detectors non functioning in all apts., als

In addition to the property owner, you have claims against the people who installed and serviced the smoke detector and possibly the party responsible for reconditioning the heating unit. You have claims for physical and emotional injuries and expenses past and future, but your family doesn't have its own claims, except for your wife if any. She would have a claim for loss of her marital benefits (for example, your companionship and the things you would contribute to the marriage but for your injuries).

If you would like to discuss this claim further at no obligation, you can contact me at 301-9864555 or e-mail me directly at [email protected].

Robert Sher

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Answered on 2/10/00, 5:24 pm
Daniel Press Chung & Press, P.C.

Re: Injured in apartment fire, smoke detectors non functioning in all apts., als

The owners themselves should be personally liable for the injuries you suffered over and above the policy limits (this may or may not be of any help). Further, the manufacturer of the smoke detector, and the builder, may be liable. The inspector and state are probably not liable due to immunity issues. The repair company is probably not liable, among other reasons, because it was probably not on notice of the likely consequences of missing an appointment. There may be other liable parties. I would suggest that you contact an experienced personal injury lawyer right away, as some of these parties (builders, for example) may have time deadlines to file suit sooner than the general 3-year limitation period.

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Answered on 2/09/00, 9:28 pm


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