Burn Injury Attorney Ben Wilson Answers Fire & Burn Safety Questions
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Attorney Ben Wilson, an appointee to the Northern California Wildfire Plaintiffs’ Steering Committee, answers common questions about fire & burn safety.
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I've been doing fire and burn cases my, pretty much my whole career.
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They're the most catastrophic, horrific injuries that anybody can experience.
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Well, first everybody must understand that smoke detectors are meant to save
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your life. And and so making sure that they have power and that they are
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properly installed is extremely important. There's two different types of
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smoke detectors: you have a photoelectric, and you have an ionization.
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These are two different types of technology. Most people do not know that
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one will detect smoke while the other will detect flames. There are certainly
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situations where one smoke detector is more effective than others. You have to
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look at your lease and the state's laws. Typically, your landlord has a duty to
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provide a safe and habitable...habitable. Safe and habitable
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environment. So, I'd have to look at the lease, read the language in the lease
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and go from there. There's a lot of different fire safety equipment out
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there. Each one is...each product is going to be different and operate differently.
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You have devices that go up under your Vent-A-Hood and they have little fuses
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on them and they will ignite and explode and blow powder down on top of a stove.
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Then you have just your your standard fire extinguishers. Most of these
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products, most all of these products. they have expiration dates.
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Lots of people do not know that a smoke alarm has an expiration date and it is
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industry-wide. Smoke alarms have a 10-year shelf life. That is important
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information for people to know.
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Well typically, the landlord is going to have a duty to inspect these devices,
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make sure that they are operating, they're functional, and they're not
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expired and if they're not doing that, then that's it is a safety hazard. It has
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to do with experience in dealing with these manufacturers and dealing with the
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tenants, or the landlord aspect of it. It's different duties as opposed to the
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duty of a driver and the duty of a landlord, or the duty of a manufacturer
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of a product. What I do on a daily basis is deal with specific manufacturers and
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specific instances where people are injured in fires and explosions.
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Burn injuries are unique. They leave scarring -- permanent scarring. And they can,
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they can also affect you just on a daily basis, whether you're just in the
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sunlight or out in the cold. Smoke inhalation injuries, those are
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injuries to your lungs that affect your breathing, if you were in a fire you are
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going to be exposed to the smoke which may or may not have certain chemicals in
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it, or toxins that contribute to more severe injuries. And obviously, the heat
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and flames. Second and third-degree burns are extremely painful and they will
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permanently disfigure you or permanently scar you. You have to, you got to take care of
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it for the rest of your life. Yes, absolutely.
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Landlords have a duty and that duty is established either by state law or local,
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national fire codes and in almost every single case that I have, I've found a national
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fire code that has been violated. Whether it's about the landlord himself or the
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maintenance technicians that work for this landlord. Property management
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companies they have the duties in certain instances where they have to
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maintain these fire safety products and oftentimes I most often seen instances
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where they're not. And as a result of that, people die and people are burned.
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I often see fires that occurred from unattended cooking. We'll use that as an
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example. There are products and safety equipment that is required to be in a
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home or in residential housing and if it is not properly maintained, properly
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installed, and it's not functioning, that can result in serious injury or death.
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These products such as, we'll use an example like an air bag. An air bag is
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not intended to cause harm, it is intended to save people. And if they
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don't function correctly, it doesn't work the way it's supposed to work,
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then people suffer the consequences. It's the same thing with these fire
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detection fire suppression devices. If they malfunction or they're not
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operating correctly yeah, you run the risk of injury or death.