Baltimore, MD asked in Consumer Law and Wrongful Death for Maryland

Q: On August 21, my sister was in a house fire and passed. I found a defective lighter in her truck. Two exploded out of 5

my question is the fire report said it was careless smoking and won’t even hear me when I’m trying to tell them that it had to have been a defective lighter since I found one in her truck and since bought three more and have had to blow up in my face. Due to the fire report and the fact that they only took a statement from her domestic roommate and didn’t bother to take a report from myself my mom, my brother, my sisters. what’s on the report is complete nonsense and my question is can I sue the actual lighter company I’m not interested in suing the Landlord

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1 Lawyer Answer

A: What you describe is pure guess, conjecture and speculation. You do not identify any hard evidence that a lighter (a) exploded in her home; or (b) was the cause of the fire that killed your sister.

The fact that it could have happened that way doesn’t mean it did. The fact that other lighters at other times have exploded does not mean that’s what happened at your sisters’s home.

Fire investigations involve tracing the path of the fire back to its initial ignition source to identify a cause. The fire investigation report will identify everything found at that ignition point. A lighter that “exploded” would have been found, and in a condition that showed evidence of exploding as opposed to merely burning in the fire.

Only an expert fire investigator can analyze the cause of a fire and express a professional opinion, based on their expertise, training and experience, that the fire was caused by an exploding lighter. Until you have such an opinion, by a professional fire investigator who has all the required training and certifications, based on actual physical findings at the scene of the fire (which at this point will be limited to the findings of the fire investigation report that was already done), then you have no viable case to file.

You should obtain a copy of the fire investigation report, and locate and pay a professional expert fire investigator to review that report and your exploding lighter theory, and have that expert give you their professional opinion.

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