A Mississippi Attorney for Injuries and Deaths at Rental Homes and Apartments Caused by Faulty, Malfunctioning Smoke Detectors.

An apartment fire or rental home fire can be a devastating experience that results in not only significant property damage, but also personal injuries or death in the most severe cases.  While apartment owners, rental home owners, and renters may have insurance policies that are intended to provide compensation for losses resulting from fires, insurance companies routinely deny or underpay claims on personal injuries and wrongful death claims.  Unfortunately, renters in Mississippi are not always armed with the necessary information when filing claims against a a property owner’s insurance policies for losses, injuries, and deaths of loved ones caused by negligence.  As such, renters should work closely with our Mississippi Fire Injury and Wrongful Death Claim Lawyer who can ensure insurance companies are not acting in bad faith by either (1) denying a claim for compensation, or (2) underpaying a claim.

Common Causes of Mississippi Apartment and House Fires

Most unintentional causes of house fires should be covered by most homeowners’ insurance policies in Mississippi. However, without a careful reading of a homeowners’ insurance policy, many homeowners are surprised to learn that claims seeking compensation for damages and losses are denied.  The most common causes of unintentional house fires (which also commonly occur on business properties) include, but are not limited to, the following:

• Electrical Malfunctions;
• Lightning;
• Open Flames (such as from a wood-burning or gas fireplace);
• Cooking; 
• Wildfires;
• Fault of other tenants; and
• High Winds that May Cause Power Lines to Fall on a Home.

Examples of Bad Faith on the Part of Insurance Companies in Mississippi

Insurance companies are notorious for denying fire and smoke damage claims, and it is critical to understand what constitutes “bad faith” in Mississippi.  Examples of bad faith on the part of insurance companies, which results in the denial or underpayment of claims, include, among others, the following:

• Failure to pay on personal injury or wrongful death claims;
• Failure to fully investigate a fire insurance claim;
• The undervaluation of property that has been lost from fire or smoke damage;
• Denying a claim despite sufficient evidence showing a claim should be paid in accordance with the insurance policy;
• Threatening prosecution or other action to entice the insured person to accept underpayment of a claim; and
• Allegations that the homeowner or occupant intentionally caused the fire that resulted in damage.

Personal Injuries and Deaths at Rental Homes and Apartments from Malfunctioning Smoke Detectors

Depending on the cause of a house fire – whether that fire happens in an owner-occupied or renter-occupied residence – injured victims and loved ones of deceased victims may be entitled to compensation.  Where that compensation comes from will be dependent on whether anyone is to blame for causing the fire.  When a smoke detector has malfunctioned in a Mississippi rental home or apartment, and the failed smoke detector has resulted in personal injuries or deaths, victims rightfully deserve compensation.  If the malfunctioning smoke detector was due to poor maintenance, then the homeowner or owner of the apartment complex may be at fault.  Alternatively, if the malfunctioning smoke detector was due to an inherent defect that was not known to the homeowner or owner of the apartment complex, the victims may have a potential product liability claim against the manufacturer of the smoke detector.

Regardless of who is at fault, insurance companies will undoubtedly be involved.  If a homeowner or apartment complex owner is at fault, victims may seek to file personal injury and/or wrongful death lawsuits in Mississippi.  In such cases, the homeowner or apartment complex owner’s insurance policy may govern the extent of compensation available.  In some cases, an injured victim’s insurance policy – such as renter’s insurance – may help to provide some compensation, but likely is not a sufficient amount to account for personal injuries and property damage.  

How a Mississippi Fire Injury and Death Lawsuit Attorney Can Help You

Whether you have suffered property damage and losses from a house fire, a fire that occurs at a place of business, or a fire that occurs in a rental home or apartment, you need to have a good understanding of your legal rights.  By working with our attorney, you will be able to determine the following:

• Whether you or the property owner’s insurance policy provides sufficient coverage for the losses resulting from fire and smoke damage;
• Whether you or the property owner’s insurance company can claim you or someone else is at fault for causing the fire;
• Whether you or the property owner’s insurance company has acted in bad faith by either (1) denying your claim, or (2) underpaying your claim;
• Whether you have a potential personal injury lawsuit against any party in cases where you are not the homeowner; and
• Whether you have additional options beyond your insurance policy for recovering compensation.

Because of the numerous variables at issue when addressing a fire that leads to personal injuries, death, and property damage, only a truly experienced Mississippi Apartment and Rental Home Smoke Alarm Injury and Death Claims Lawyer should be handling the insurance claims process or any potential lawsuit that arises from a fire at a home or place of business.

Our Mississippi Fire Injury and Wrongful Death Lawsuit Attorney at Barrett Law, PLLC has experience in complex personal injury, burn, and death cases against rental home and apartment owners who acted with negligence. Our firm has effectively represented plaintiffs seeking monetary compensation in personal injury, burn injury, and wrongful death cases throughout the State of Mississippi. Contact our law firm for your free consultation at (800) 707-9577 and learn how we can help you with your claim delay or denial.