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California Smoke Alarm Defect Injury Attorney


California Smoke Alarm Defect Injury Attorney sue liability incident compensation lawyer

The sound of a smoke alarm is impossible to ignore, and that’s precisely the point, as many fires in people’s homes occur during the night. Fires can also occur in hotels and other rented lodgings that are occupied by large groups of people, who are all at risk of injury or death in the event of a fire.

Having smoke alarms throughout a property greatly reduces the potential for serious injuries and property damage. That’s why it’s essential for owners and operators to ensure that smoke alarms on their premisee are functioning properly. Manufacturers must also undertake due diligence in the design and construction of a smoke alarm. Otherwise, there may be defects that prevent the alarm from detecting smoke and alerting residents of imminent danger.

If you suffered injuries, property loss, or the death of a loved one because of a smoke alarm defect, contact us today. That way, you can learn about your rights and the legal actions that are available to you during a free consultation.

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The Dangers of a Non-Working Smoke Alarm

Like any other state, California has clear and strict laws that require smoke detectors in buildings, houses, and rental properties. Unfortunately, far too many property and business owners fail to meet the requirements when it comes to the installation and maintenance of a smoke detector. This is particularly true in places like hotels, where each room used by a guest is supposed to have a fully functioning smoke alarm. After a fire, it’s not unusual to find that there are no batteries inside the unit, or there were previous incidents of the alarm not going off when there was smoke or a fire.

According to the U.S. Fire Administration (USFA), around one-third of all fires on residential properties take place between midnight and 5 am – when most people are sleeping. Thus, even the smell of smoke and heat from a fire may not be enough to wake them up. Hence, the unmistakable sound and volume of a smoke alarm is critical to getting people out of a structure and avoiding the tragedy of being hurt or killed in a fire.

Types of Smoke Detectors

The average person tends to focus on what a smoke alarm looks like and how much it costs, but these are not the only things that set one smoke detector apart from another. There are actually three different types of smoke alarms that can protect you from a fire:

  • An ionization smoke detector has a chamber with dual plates that produce electric currents. The alarm is triggered when the electrical currents are disrupted by smoke entering the chamber.
  • Unlike an ionization detector, a photoelectric smoke alarm works by producing light that shines onto a photocell or light receptor. When smoke enters the unit, it triggers the photocell to set off the alarm.
  • Dual sensor smoke alarms, also known as combination detectors, use both ionization and photoelectric technology in one unit.

Ionization detectors are the most commonly sold smoke alarms in both homes and businesses. However, these units have the problem of not picking up the vast majority of slow-moving, smoldering, or low lying fires. Thus, they may not be of any help depending on the type of fire that starts on a property. As a result, more people are investing in combination detectors, which provide you with added protection from all types of fires.

Who can I Sue for Injuries Caused by a Defective Smoke Alarm?

For the most part, defective smoke alarm lawsuits are filed against the manufacturer of the product. However, there may be other parties that can be sued, as failure by a smoke detector can happen for numerous reasons.

Below are some of the entities that may be liable when people in a house, building, etc., are injured due to a smoke alarm that failed to go off:

  • The company that was in charge of designing and/or manufacturing the smoke detector
  • The distributor or retailer that sold the smoke alarm
  • A separate company that made the part inside the alarm that turned out to be defective
  • A property owner, landlord, or property management company that failed to replace or repair a malfunctioning smoke detector

Figuring out exactly who is responsible can be very challenging, and it’s essential that victims have their own legal advocate to fight for their interests. Make sure to contact a smoke alarm defect attorney, who can guide you through the legal process, step by step.

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What are the Payments I can Recover?

The compensation from a defective smoke alarm injury case includes various damages that are based on the losses you incurred. These include:

  • Economic damages – this category involves damages that are based on quantifiable losses to the victim or their family members when there is an incident that results in bodily harm, including death. So, medical expenses, funeral costs, lost wages, and value of lost property would count as economic damages.
  • Non-economic damages – these are intangible damages that are based on the victim’s personal circumstances, like the degree of physical pain and mental anguish they are going through. Examples of non-economic damages include emotional distress, loss of consortium, and pain and suffering.
  • Punitive damages – if a case is tried in court (which is very rare), the jury may award the victim punitive damages if the manufacturer or any other defendant was excessively negligent in their duty of care (gross negligence).
Contact a Smoke Alarm Malfunction Attorney

Securing the compensation you deserve by law is our sole motivation here at DTLA Law Group. Money from a lawsuit is not just about recovering your expenses. It’s also an effective way to send a message to negligent individuals who are breaking the law by failing to protect others with working smoke alarms.

We have a Zero Fee Guarantee system, where all cases are accepted on a contingency basis. That means we only get paid by winning your lawsuit and obtaining the cost of legal fees directly from the defendant. Otherwise, we eat the costs and you owe us $0 for the cost of legal services.

Our legal team is standing to help you with any questions or concerns, so please reach out to us at your earliest opportunity.


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