Get Free Consult
by The Stoddard Firm - September 29th, 2022
There’s a popular myth that landlords are never legally responsible for any damage caused by arson. Even people who have never heard this myth repeated will often assume that, if an individual criminal can be blamed for the fire, then the property owner can’t be.
This is not true.
The reason is fairly simple: landlords have a duty to take all reasonable steps to prevent people from being harmed by fire on their properties, and preventing fires from starting is only part of that task.
Most fire precautions become relevant after ignition has already occurred, for example:
Such precautions can make the difference between a fire that’s limited to property damage versus a fire with burn injury victims or human casualties. This stage of fire protection is always the landlord’s responsibility, regardless of how a fire starts.
Late in the evening of August 13th, 2022, emergency crews responded to a call about a fire at the Carriage Hill Apartments in Lafayette. Police evacuated the first two floors while firefighters ventured into the burning third floor units. They pulled an elderly man and a 19-year-old woman from the building, but unfortunately, the woman had already suffered fatal smoke inhalation injuries. Her name was Sierra Johnson.
While police were interviewing the displaced residents outside, one of them, a 29-year-old woman named Shennia Chambers, confessed to setting the fire deliberately in her own bedroom, which was adjacent to Johnson’s apartment.
Chambers has since been charged with first-degree arson and murder. While this might seem like a tidy resolution to the question of responsibility for the fire, it’s not. Chambers’ reckless decision to set fire to her apartment was only one of several possible forms of negligence contributing to Johnson’s death.
As tempting as it can be to fixate solely on the actions of an arsonist, this rarely helps with getting affected families back on their feet. And while criminally prosecuting the arsonist may prevent that one individual from setting more fires in the future, that’s a relatively small victory in the grand scheme of fire safety.
To get fair compensation for survivors, and prevent future deaths from apartment fires, it’s important to look to higher, to the companies that control fire safety procedures for multifamily homes. In the case of the Carriage Hill fire, that means examining the behavior of CAHEC Management, Inc.
Obviously, the ignition in this case was not CAHEC’s fault. There’s no electrical short or malfunctioning heater to go searching for. However, as the Lafayette Director of Public Safety noted on record, the fire spread very quickly from one unit to the next. That points to possible code violations in the fireproofing of the common walls.
The elderly man rescued from the building was also found in bed asleep, calling into question whether the building was correctly equipped with working fire alarms.
If CAHEC did indeed fail in its duties to make the Carriage Hill Apartments easily escapable in case of fire, then the company shares responsibility for Johnson’s death.
If you are Sierra Johnson’s next of kin, if you were injured in the Carriage Hill fire, or if you have also been harmed by an apartment fire in Georgia, reach out to The Stoddard Firm to learn more about your options.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
If you’ve been injured or lost a loved one in a workplace accident at a chemical plant, one of the first ...
On the afternoon of July 19th, in one of the recreational common areas of Foxwood Apartments in Doraville, ...
Any time you walk into a building in Georgia and see an elevator, you’re looking at a collaboration betwe...
Losing a loved one is devastating. We fight for justice and compensation, offering compassionate, experienced wrongful death representation during your toughest times.
Car accidents can change lives in an instant. We fight for your recovery and compensation, ensuring your future is protected after a crash.
Truck accidents often cause severe injuries. We hold negligent drivers and companies accountable, fighting for the justice you deserve.
Injured on someone else’s property? We help you navigate premises liability claims, ensuring negligent owners are held responsible.
Defective products can cause serious harm. We stand with you to hold manufacturers accountable and secure the compensation you need.
Survivors of sexual assault and trafficking deserve justice. We provide compassionate legal support to help you reclaim your life.
Construction sites are dangerous. If you’ve been injured, we fight to ensure you receive fair compensation for your injuries and losses.
Motorcycle accidents can be life-altering. We advocate for riders, ensuring negligent drivers are held accountable for your injuries.
Burn injuries cause immense pain and long-term challenges. We fight for your recovery and the compensation needed to rebuild your life.
Injured due to poor security? We hold property owners accountable, ensuring you receive justice for their negligence.
Brain injuries can have lifelong impacts. We fight for your future, securing compensation for medical care, lost wages, and more.
Explosions cause sudden, catastrophic harm. We represent victims and families seeking accountability and compensation after serious explosion injuries and wrongful death across Georgia.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.