Q: Is the fire department liable for damages after a fire reignites and causes destruction?
I was burning leaves and, due to a call from my neighbor, the fire department arrived to put it out, even though the fire was under control. They did not communicate any risks or procedures used. However, two days later, a strong wind reignited the fire, which led to the destruction of my mobile home, a neighbor's motorcycle, and about 10 acres of trees. I have photos of the aftermath and believe the second fire report indicates the initial fire wasn't completely extinguished. Would the fire department be liable for the damage caused?
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A: Generally, the fire department would not be responsible under these circumstances.
Tim Akpinar agrees with this answer
A: I don't think they are liable. The fact that the activity you were engaged in was inherently dangerous from a fire safety standpoint, and the fact that two days elapsed with the re-ignition works against you. I'm sorry about your fire damages and the ordeal it has caused. If you have insurance, that could worth looking into - don't delay in filing a claim if you do. This is my individual opinion - other attorneys could see things differently if you wanted to reach out to them for a consult. If you do not have insurance, it could be worth exploring any form of possible government or charitable relief resources (no guarantees there in the absence of a natural disaster). I hope you are able to get things back in order. Good luck
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