Legal Responsibilities and Compensation in the Event of Fire
Fires are devastating events that can have tragic consequences for people and their material goods. In the event of an incident occurring on the 22nd of February 2024 in the barrio of Campanar in Valencia, the legal liability and compensation possibilities become a critical aspect for victims and their families.
This article will examine the various aspects of liability in cases of fire, removing legal consequences and possible compensation for victims.
Identification of Responsibilities in Incendiary Cases
The first step in the case of significant fires involves the identification of the responsible parties. This aspect is necessarily translated by an investigation into the causes of the fire but also includes reports of building owners, developers, contractors, or even all government agencies carrying out inspections and regulations.
In the context of the fire at the Torre Grenfell in London, which occurred in the year 2017, the investigations indicated deficiencies in the design of the building and the renovations as key factors. It is possible that a similar process occurred in Valencia, due to the speed at which the fire spread, due to the use of highly flammable materials for the covering of the building.
This aspect probably involves some normative changes, all of which if we consider that other Spanish buildings will be built with the same components. The fire at the Grenfell Tower in London was for example subject to a more in-depth examination of construction safety regulations and regulations to improve standards, with the aim of preventing similar incidents in the future.
Criminal Responsibilities in Incendiary Cases
In cases of deliberately caused fires, criminal liability lies with the author of the act. This could result in charges of incendio provocado, which result in significant criminal charges.
If the fire results from negligent actions, such as poor maintenance or lack of safety precautions, those responsible may be charged criminally. Criminal negligence involves not taking reasonable measures to prevent serious harm.
If the fire results in the loss of human lives or serious injuries, those responsible may incur charges of homicide or serious injuries, depending on the intention or negligence that contributed to the event.
Civil Claims: Claim for damages and losses in Incendiary Cases
Victims and families may be compensated through civil claims. These actions may be directed against the parties identified as responsible. In the case of Torre Grenfell, civil demands will be presented against the owners, contractors and others involved in the design and renovation decisions. Please note that you cannot compensate for damages, losses and excess caused by the fire.
Owner Responsibility
The owners of the property where the fire originated will be considered civilly responsible. This includes the obligation to provide compensation to victims due to material and personal damages.
Contractors and Constructors
If the fire results from construction defects, deficient electrical installation or other structural failures, contractors and builders may be held civilly responsible for any damage.
Gobierno Responsibility
In some cases, civil liability may extend to all government entities if it does not adequately comply with regulation and supervision, for example, with deficient safety inspections.
Financial Compensation in Incendiary Cases
Financial compensation for victims may take various forms, from extrajudicial charges to judicial sentences. In all of these options, the presence of an abogado becomes a crucial element to ensure a fair and beneficial process for the victims and those familiar to them. To evaluate the losses and debilitates of each case, the applicants offer their clients a realistic view of the possibilities of compensation.
Calculating compensation for a fire victim includes assessing property damage and loss of belongings. In addition, compensation for moral damage is considered, adding complexity to the negotiation with the insurer and the determination of fair compensation.
Legal Responsibilities and Compensation in Incendiary Cases: Conclusion
In cases of catastrophic fires, the criminal investigation that allows the causes to be clarified and those responsible to be established, as well as the possibilities of compensation, are essential to help the victims reconstruct their lives. The combination of legal actions, civil demands, extrajudicial charges and government support programs contributes to addressing the consequences in an integral manner. Justice and compensation adecuada its critical steps to recover and prevent similar future incidents.
BCV Lex is a specialist specialized in obtaining compensation for civil or criminal liability, derivatives of services, products or defective construction. Contact us for more information as soon as possible.
