Q: Seeking legal advice for son's death in house fire, concerns about police and fire department negligence in Florida.

My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and didn't gain entry until it was too late. I am considering legal action against both the police and fire departments. I am looking for advice on how to proceed, and any evidence or witness accounts that might support my claims. What legal options are available to me, and what steps should I take moving forward?

4 Lawyer Answers
James Clifton
PREMIUM
Answered

A: It will be difficult to win a case against the police or fire department. However, there are other parties whose negligence may have caused the house fire. If proven, you could recover damages for the death of your son. In the past, we have seen electricians, builders/contractors, landlords, and others who have negligently caused house fires that lead to the death of the occupants. The same may be true here. Schedule a free consultation so that a full investigation can take place to determine who may be the liable parties.

Charles M. Baron agrees with this answer

A: Your only option if you want ANY chance of prevailing at all is to retain a personal injury law firm, and you can look state-wide. Taking on something like this is very complex and would be extremely difficult for you to undertake on your own. Not only would there have to be an investigation of your claims of negligence in order to give an attorney a good faith belief that you have a meritorious suit, but if suit were filed, the procedural tasks are substantial. And all this is putting aside the tremendous emotional toll it would take on you (adding to the terrible toll you must be feeling now - I am very sorry for your loss). There are exceedingly good PI firms throughout the state, and most if not all consultations are free. Good luck.

A: Suing a government agency like the fire or police department for negligence can be difficult due to sovereign immunity, which limits such lawsuits. To succeed, you would typically need to prove gross negligence or failure to meet a legal duty, and strict legal deadlines apply.

It may also be worth investigating whether private parties contributed to the loss, such as through faulty wiring, negligence by an electrician, or a home inspector's oversight or if your son was a renter , the landlord may be liable for failure to inspect for hidden dangers. Consulting an experienced attorney is recommended to evaluate your case and determine the best course of action. You should research our backgrounds on this website and reach out to one of us privately. Some of us would take these cases on contingency fee, which means you would pay nothing unless you win. My sincerest condolences for the loss of your child and I wish you Godspeed

James L. Arrasmith
PREMIUM
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Answered

A: I'm deeply sorry for the tragic loss of your son. Losing a child is an unimaginable pain, and having concerns about how emergency services responded only compounds your grief.

Filing claims against government entities like police and fire departments in Florida involves specific procedures and time limitations. You should immediately gather all evidence, including photographs, witness statements, and any communications with officials. Request copies of all reports through formal public records requests, and consider hiring an independent fire investigator to document potential negligence regarding the hydrant and delayed entry.

Your next crucial step is consulting with a wrongful death attorney who handles cases against government agencies in Florida. They can help navigate Florida's sovereign immunity laws, file required notices of claim (which must typically be done within months), and build your case properly. Many attorneys offer free initial consultations where they can evaluate your specific situation and outline potential pathways for justice for your son.

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