House Fire Lawyer for Property Damage & Injury Claims
In 2018, 56 Louisiana house fire fatalities were reported in the media, with about 6.8 deaths and 17.4 injuries per 1,000 residential structure fires. Smoke inhalation causes more fire deaths than burns alone. Common causes for these home fires include:
- Negligent repairman- for example, torches negligently used by plumbers to solder metal pipes;
- Smoking material;
- Cooking equipment;
- Electrical cords;
- Plug outlets;
- Dryer lint;
WHAT LAWS IN LOUISIANA HELP PREVENT DEATH, INJURIES AND PROPERTY DAMAGE ASSOCIATED WITH HOUSE FIRES?
Louisiana has established laws and regulations designed to help curtail the deaths, injuries, and property damage associated with these house fire tragedies. Here are two of them:
STATUTORY LAW APPLICABLE TO EXISTING ONE OR TWO FAMILY DWELLINGS
LA-R.S. 40:1581. Smoke detectors; one- or two-family dwellings
- Effective January 1, 2011, all existing one- or two-family dwellings at the time of sale or lease, shall contain, at a minimum, an operable ten-year, sealed lithium battery smoke detector.
- Failure to comply with the provisions of this Section shall not be a reason for the nonpayment of any insurance claims.
- Failure to comply with the provisions of this Section shall not cause a delay or a stoppage in the transfer of the property.
- The real estate agent shall not be liable for the seller’s failure to comply with the provisions of this Section.
REGULATION UNDER THE INTERNATIONAL RESIDENTIAL CODE
The Office of State Fire Marshall enforces regulations that have adopted portions of the International Residential Code and provides for installing Carbon Monoxide and Smoke Alarms with respect to new construction, reconstruction, additions to homes previously built to the International Residential Code, and extensive alterations.
DOES LOUISIANA HOMEOWNERS INSURANCE COVER FIRE?
Yes, it must comply with the minimal requirements of a STANDARD FIRE POLICY set forth in LA R.S 22:1311.
The policy, with some exception, covers-
DIRECT LOSS BY FIRE, LIGHTNING, AND BY REMOVAL FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST IN THIS POLICY, EXCEPT AS HEREINAFTER PROVIDED, to the property described hereinafter while located or contained as described in this policy, or pro-rata for five days at each proper place to which any of the property shall necessarily be removed for preservation from the perils insured against in this policy, but not elsewhere.
HOWEVER, THE POLICY CAN PROVIDE MORE COVERAGE THAN THE MINIMUM SET FORTH IN LA R.S 22:1311.
HOW LONG DOES A HOMEOWNER HAVE TO FILE SUIT ON A LOUISIANA STANDARD FIRE POLICY?
Usually 24 MONTHS. “No suit or action on this policy for the recovery of any first-party claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within twenty-four months next after the inception of the loss.” However, you must also read your policy to see if the policy providers a longer period of time.
HELP FROM A LOUISIANA FIRE DAMAGE INSURANCE LAWYER
Sometimes related fire injuries and property damage would not have been caused if these rules had been followed. If you are a victim of Home Fire or an Apartment Fire and your claim has been denied, or you have questions about your property damage or injury claim, call your fire damage lawyer at 866-289-2802 or submit your inquiry online. Please be advised that you may be facing important legal deadlines, so don’t delay.
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Review by: Deborah Weber
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