Burned in an Apartment Fire? You Do Not Have to Face the Claim Alone

A person burned in an apartment fire may have a claim against the people who helped cause the fire or let it spread. That can include the property owner, a property manager, a product maker, or a contractor. Florida law sets how fault is shared, and it sets deadlines you need to watch.

This page explains who may be responsible, how Florida divides fault, the time limits that apply, and what a family can do if a fire causes a death. CHG Personal Injury Lawyers represents people hurt in accidents across Florida, including in Miami, Orlando, Tampa, and Jacksonville. Igor Hernandez, an attorney admitted to practice in Florida, is responsible for this page.

Who can be responsible for an apartment fire burn injury?

Several parties may share responsibility, depending on what started the fire and what failed. Often, the fire began in one place and grew because of a different problem.

The property owner or landlord

Examples include faulty wiring, a blocked exit, a missing or broken smoke alarm, or a gas leak left unrepaired after a tenant reported it.

The property manager

A management company that runs the building day to day may share responsibility if it ignored repair requests or failed to act on safety problems it knew about.

A product maker or seller

If a space heater, cooking appliance, or battery failed and started or fed the fire, the company that made or sold it may be part of the claim. Florida treats this kind of case as a products liability action, which covers claims for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product.

A building contractor

Work on wiring, gas lines, or other building systems can also be at fault. A contractor whose work was done badly may share responsibility for a fire that started there.

A government-run housing property

Some apartments are owned or run by state or local government, such as a housing authority. Florida’s sovereign immunity waiver limits when a government agency can be sued, so these claims follow their own rules.

How does Florida divide fault when several parties share blame?

Florida generally makes each liable party pay its own share, not the whole amount. Under Fla. Stat. § 768.81, the court enters judgment against each party based on its percentage of fault, not joint and several liability.

This matters in fire cases. The owner, the manager, and a product maker may each carry a part of the fault. A defendant that wants to blame someone who is not in the lawsuit must prove that person’s fault at trial.

What if you were partly at fault?

Your own share of fault does not automatically end your claim. Under the same statute, your fault reduces your damages but does not by itself bar recovery. For negligence claims filed after March 24, 2023, a person found more than 50% at fault recovers nothing. Under Florida’s comparative fault statute, an award is reduced in proportion to the injured person’s share of fault, subject to further conditions set out in the statute (Fla. Stat. § 768.81).

What is the deadline to file a fire injury claim in Florida?

For most negligence claims filed after March 24, 2023, the deadline is two years under Florida’s limitations statute, § 95.11.

Other time limits can apply. Claims about the design, planning, or construction of an improvement to real property, such as a building, must be commenced within 7 years after the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever is earliest, under the same section 95.11. Fla. Stat. § 95.11 reads: “(b) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence.” Deadlines apply to every case, so contact the firm promptly after a fire.

What can a family recover if a fire causes a death?

If a fire death happens at a property run by the state or a local government agency, Florida allows a claim against that agency when the death was caused by the negligent or wrongful act or omission of an agency employee acting within the scope of their job, in circumstances where a private person would be liable. However, under § 768.28 the agency generally cannot be made to pay more than $200,000 to one person or $300,000 for one incident, and it is not liable for punitive damages. Fla. Stat. § 768.28 reads: “(14) Every claim against the state or one of its agencies or subdivisions for damages for a negligent or wrongful act or omission pursuant to this section shall be forever barred unless the civil action is commenced by filing a complaint in the court of appropriate jurisdiction within 4 years after such claim accrues; except that an action for contribution must be commenced within the limitations provided in s. 768.31(4), and an action for damages arising from medical malpractice or wrongful death must be commenced within the limitations for such actions in s. 95.11(5).” The wrongful death statute, § 768.19, applies when the injured person could have sued had they lived.

When an injury leads to death, the injury claim becomes a wrongful-death action, as described in the survival rules for personal injury claims. The personal representative brings the claim for the survivors and the estate.

Under Fla. Stat. § 768.21, family members may recover different kinds of loss:

• A surviving spouse may recover for loss of the decedent’s companionship and protection, and for mental pain and suffering.
• Minor children may recover for lost parental companionship, instruction, and guidance.
• Each parent of a deceased minor child may recover for mental pain and suffering.
• A survivor who paid medical or funeral bills may recover those expenses.

Families facing this loss often need time before they can think about a claim. Our team can explain the process at a pace that works for your family. Learn more about wrongful death claims.

What should you do after an apartment fire injury?

Follow your doctors’ care first. Your health comes before any claim.

As you are able, keep records that help show what happened. Save photos of the damage, any notices from the landlord, repair requests, and copies of medical and property bills. Write down names of people who saw the fire start.

Burn injuries can be severe and can change a person’s life. Learn more about severe burn injuries and the claims that can follow.

Frequently asked questions

Talk with CHG Personal Injury Lawyers

If you or someone you love was burned in an apartment fire, a free, confidential initial consultation with no obligation can help you understand your options. CHG charges no attorney’s fees and no case costs unless there is a recovery. You can contact CHG Personal Injury Lawyers to start the conversation.