Court Allows Apartment Fire Lawsuit

Michael Roberts — Wed, 12 Aug 2009 11:44:40 GMT

A recent decision from the Alabama Supreme Court permits a lawsuit, arising from an apartment fire, to go forward. In Collins v. Scenic Homes, Inc., a fire caused death of one tenant and serious injuries to others. The tenants argued that the apartment complex had not been provided with adequate fire-suppression safeguards or fire escape routes. The companies who built and maintained the apartments, however, argued that, because the fire had been intentionally set by an arsonist, this was an “intervening criminal act,” that under Alabama law, meant that the companies were not responsible, even if they were negligent. The Alabama Supreme Court agreed with the tenants, stating that the companies had a duty to construct and operate a reasonably safe apartment building, equipped with appropriate exits and fire-suppression safeguards designed to reduce the risk of injury from a fire, regardless of the origin of the fire. It is a foreseeable risk that an apartment complex fire, however started, can cause harm to the tenants if there are inadequate fire-suppression safeguards and fire-escape routes. For further discussion of Alabama law concerning premises liability see Chapter 8, and for further discussion of Alabama law concerning intervening criminal acts in negligence cases, see Chapter 11, in Alabama Tort Law.

Originally posted at InjuryBoard by Michael Roberts

Wrongful Death Damages in Alabama

Michael Roberts — Wed, 13 May 2009 10:43:08 GMT

WRONGFUL DEATH DAMAGES IN ALABAMA

Damages awarded in wrongful death cases vary significantly from state to state. In many states, damages include lost income that the deceased person would have earned, economic value of a life, and grief or emotional distress suffered by the surviving family members.

In Alabama, however, the measure of damages is different. All damages for wrongful death in Alabama are considered punitive or exemplary due to a nineteenth-century Alabama Supreme Court precedent. This means that, when a wrongful death case is tried to a jury, the jury is told to consider that these damages are imposed for the preservation of human life and as a deterrent to others to prevent similar wrongs. The amount of damages should be directly related to the amount of wrongdoing or culpability on the part of the defendant.

An Alabama jury is permitted to recognize the sanctity of human life in considering the amount of a jury verdict. In determining the proper amount of a verdict for a defendant’s negligence, it may consider the ease with which the defendant could have avoided the death. Examples of this factor could include the ease with which a driver could have paid attention at a red light; a trucking company instituting a safety program to better train its drivers; or a manufacturer implementing an interlock safety device on a machine which is subject to causing injury.

Originally posted at InjuryBoard by Michael Roberts

Gadsden Personal Injury Lawyer - Wrongful Death

Court Allows Apartment Fire Lawsuit

Wrongful Death Damages in Alabama