Legal Question in Personal Injury in Georgia

Re: Accidental death

There are at least two theories for liability, but I can't evaluate either without more information.

First, if the air conditioner was under 10 years old, there might be a claim against the manufacturer for a product defect. Similarly, there might be a claim against the mobile home manufacturer if it was a short in something assembled by that manufacturer.

Second, there might be a claim against your uncle as the landlord, if the cause was negligent maintenance and he had superior knowledge of a hazard. I hope he has liability insurance to cover this.

There may be other theories of liability and other potentially responsible parties that are not evident from the information you provided.

Any of these theories of liability could be tough to prove. If there is a cause and origin report from the fire department, that would be a place to start.

You should be aware that there is a two year statute of limitation for wrongful death. Any suit must be filed by the second anniversary of your mother's death.

Re: Accidental death

The uncle MAY be liable. The mfgr. of the A/C may be liable. In other words, your case needs some fairly extensive investigation. You did not indicate in which state the trailer (and, presumably, the uncle) is located. However, your posting info listed NY as having something to do with this. You should consult with a personal injury attorney in the state of the uncle's residence.

Re: Accidental death

I'm sorry for your loss.

Did the Fire Dept. do a comprehensive investigation on the cause of the fire? The investigation is the place to start.

Be aware of the problems created by the statute of limitations, 2 years from the date of death.

Re: Accidental death

These are very tragic circumstances and I am sorry for your loss.

It may be that a suit is possible if there was knowledge of a bad wiring system by the owner, or if the fire department did an investigation and has learned of anything.

The time frames to file such a suit can range based upon wrongful death and pain and suffering.

I would prefer not to discuss this further here in such a public arena.

Please feel free to call me at either 212-764-5428 or at 845-878-2163.

Again, my condolences and I hope everything turns out the way you would like.

Robert R. Groezinger---

[email protected]

Re: Accidental death

I am sorry for your loss. You may have a case against many parties. The manufacturer of the air conditioner may be liable, as may be the owner/manufacturer of the trailer. Your uncle may also be responsible. It is impossible to tell you if any of these parties are definitely responsible without more information. I would be happy to discuss the matter with you in detail. You may call me at (914) 949-6323 to arrange an appointment or speak by telephone.

I look forward to speaking with you and again offer you my condolences.

Re: Accidental death

Please accept my condolances.It is a very difficult thing to lose your mother particularly under these circumstances.You said that a short in the air conditioner caused the fire.That needs to be investigated more thoroughly.You may have a product liability claim or a claim for negligent maintenance.Was there a smoke detector and did it fail to go off?The manufacturer of the detector is a possible defendant.Also the manufacturer of the trailer. All this needs to be looked at ASAP. Important evidence will get out of pocket unless you act quickly.In GA the cause of action for a death is actually made up of two parts--First, a claim for wrongful death brought by a family member (usually the spouse but sometimes an adult child or other person ) and second an "estate claim" brought by the executor of the estate. It is very important to get the right people as plaintiffs as the case can be thrown out of court if not brought correctly.A case of this type is extremely complicated and because of its seriousness will usually be fought hard by the defendant and its insurer.Call me if you want to talk about it.I may be able to give a better analysis with more information. Ron Lowry (770)427-8468.