Hipskind & McAninch Representing Families of Victims in Local House Fire Case
Hipskind & McAninch, LLC is stepping forward to represent the families of two people who lost their lives in a devastating house fire. The tragedy happened in an East St. Louis boarding house on January 20.
While the source of many house fires can be traced to things such as cooking, careless smoking, or faulty electrical wiring, facts in this case appear to point toward the landlord’s possible negligence. If proven, the families of the deceased deserve compensation for the wrongful death of their loved ones.
Proving Negligence in a Fire
“Our investigation thus far has revealed that one of the deceased, who was handicapped, resided on the second floor of the building and was unable to escape,” says John Hipskind. “It appears that the boarding house lacked adequate fire escape facilities for second-floor residents, which we believe contributed to this tragic loss of life.”
Hipskind & McAninch are working to verify additional information, such as the possibility of numerous code violations and residents living without heat. The house was listed by the city as a single-family dwelling without a license or permit to operate as a boarding house, although at least four people paid rent to live there. All of these facts could help to build a case of negligence against the landlord.
The firm will conduct a thorough investigation with its own fire investigators into the origins of the fire. They will also review the boarding house’s compliance with state and local laws regarding rental conditions and fire safety. For example, there are strict rules specifically addressing heat, smoke and carbon monoxide detectors, fire extinguishers, and fire escapes.
Premises Liability for Illinois Landlords
A tragedy like this one involves a concept known as wrongful death due to premises liability. Under the rules of premises liability, property owners have a duty to maintain a safe environment so that people using the property do not suffer any injuries. If the owner fails to do so, they may be held liable for injuries, or in this case, deaths, that happen on their property.
Most premises liability cases typically involve incidents like slipping and falling on ice, but the same principles apply here. If a landlord is negligent, they are responsible for damages to the injured party. Wrongful death due to premises liability means the landlord is liable to pay damages to the deceased victim’s survivors.
This is certain to be a complicated case for Hipskind & McAninch, but they are committed to getting justice for the families who lost loved ones. “We aim to use this case as a stern warning to other operators and owners of multi-residential facilities about the dire consequences of neglecting the safety of their residents” explains Hipskind.
Filing a Wrongful Death Claim
Wrongful death cases compensate families for the loss of their loved ones. It is different from criminal prosecution, although criminal charges are sometimes brought against the same defendant.
In a criminal case, attorneys must prove the defendant’s guilt in causing the death “beyond a reasonable doubt.” A conviction could result in jail time.
A wrongful death lawsuit is brought in civil court and deals only with financial compensation. Attorneys must prove that it is “more likely than not” that the defendant was responsible for the death. If found liable, they will pay damages to the surviving family members.
As Hipskind expressed to Fox 2 News, “There is no amount of money that will bring these folks back.” Still, someone must be held liable for the survivors’ grief and suffering.
This is the second high-profile case for Hipskind & McAninch in recent months. In July 2023, the Firm was hired by survivors of a fatal Greyhound Bus crash near Highland, Illinois. That case is still pending.
Any case where there is a loss of life is tragic and sad. Victims and their families deserve to see justice served. Hipskind & McAninch are dedicated to providing legal representation to those who have suffered harm due to the negligence or misconduct of others.
If you have been hurt through no fault of your own, or have lost a loved one due to someone else’s negligence, contact Hipskind & McAninch to discuss your case.
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