Few things in life compare to a nice bonfire. From the relaxing orange glow, to the comforting heat, to the intimate & conversational atmosphere – This summertime tradition really is a treat!
As great as bonfires are, they can also potentially be dangerous! By nature fire is destructive. If you aren’t careful, your fireside gathering can quickly turn into a liability nightmare!
The aim of this blog is to explain how to legally handle an injury caused by a campfire and what to do if you think that the injury was caused by negligence.
Premises Liability 101
Setting the scene: Imagine this: you and some coworkers are at the bar one evening after a work event. You’re gathered around an outdoor firepit, recounting your day and sharing some laughs. Suddenly, without warning, the firepit you’re gathered around gives out from under itself and the flaming hot firewood quickly engulfs your legs. After panicking and realizing you are on fire, you stop-drop-and-roll to try and extinguish the blaze. But it’s too late – your legs are burned badly and you need medical attention.
After receiving treatment for your injuries, chances are you are totally at a loss for how to handle a situation like this. Your legs are disfigured and you need help getting your life back to normal.
Equally as troubling: the firepit just gave out – surely it wasn’t your fault that you were injured. You were just sitting there!
Who’s to blame for these life altering injuries? To answer that question, look no further than premises liability law. Through premises liability law, you can get compensation for your injuries and hold negligent individuals liable. In the case of the bar’s faulty fire pit, there is potential for you to receive serious compensation – if you get an attorney who knows what they’re doing.
How premises liability law can apply: Under premises liability law, there are different types of protections granted to individuals depending on whether or not they were legally allowed to be present on the premises where they were injured. We briefly covered these protections in a past blog, within the context of swimming pools. In Michigan, people can fall into 1 of 3 categories when it comes to premises liability:
- Invitee – individuals who enter the property with the owner’s express or implied invitation and for the mutual benefit of both the owner and the visitor
- Licensee – individuals who enter the property with the owner’s express or implied permission but for their own purposes, not for the mutual benefit of the owner
- Trespasser – individuals who enter the property without permission
In the case of you and your coworkers at the bar after work, you are all considered invitees. This means under Michigan premises liability law, you were owed the highest duty of care. In Michigan, the duty of care owed to invitees has 3 parts:
- Duty to inspect – The property owner must regularly check the premises for dangerous conditions
- Duty to remedy – If a dangerous condition is found (or should have reasonably been discovered), the owner must fix it, remove it, or restrict access to it
- Duty to warn – If the hazard can’t be immediately fixed, the owner must provide clear warnings
In the case of you and your coworkers’ night out – one or more of these duties seemingly was not met. Clearly there was something wrong with the fire pit outside. Whether it was a rusty leg that finally snapped, or the pit was placed on uneven ground, the fire pit should not have just fallen over like it did. The bar had a duty to inspect this piece of equipment – specifically to avoid scenarios like the one that played out with you and your coworkers. Had they known about this hazard, they should have removed it from the premises or given you a clear warning not to sit near that fire pit. The fact that one or more of these duties to you were failed is a clear indicator that you should seek compensation.
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Other Common Scenarios
 As we covered in a past blog on bonfire hazards, there are plenty of ways in which a controlled fire can become not-so-controlled very quickly. Here’s a quick overview of some other hypothetical scenarios that could all potentially justify you seeking compensation for a bonfire accident:
Child Falls Into Unattended Fire: Â Your child is a scout and they have a group bonfire event. You drop them off Friday night. At the event, the host irresponsibly leaves the fire unattended without putting up any barriers or safety precautions. Your unattended child wanders into the fire and severely burns themself.
Tripping Over Unmarked Obstacle: Firewood and water toys lay scattered on the ground around a neighbor’s fire pit. No effort is made to clean up the clutter or let guests know to be careful when walking around the fire. You trip and end up catching yourself with your bare hands on top of piping hot coals. Your hands are burned badly and you are unable to work as a result.
Burns from Misused Accelerant: Your son or daughter is over their friends house for a bonfire. Their immature friend decides it would be a good idea to pour gasoline on the fire to grow the flames. Vapors end up burning in the air, leaving everyone around the fire (including your son or daughter) with severe burns on their face and exposed limbs.
Hot Poker Left on the Ground: Your church is hosting a bonfire one weekend after a Saturday service. As you are gathered around the fire talking with your friends, you bend over to pick up a poker to tend to the fire. Without warning, your hand flares up in burning agony as you realize that the fire poker you just picked up was white hot. The host of the bonfire left the poker in a totally careless spot and you now have 3rd degree burns all over your dominant hand.
Seeking Compensation
If you become injured as a result of a bonfire accident, you want to be sure to document everything as well as possible at the time of the accident. Although it may not be possible to capture every detail in the moment, snapping a quick picture to document a hazard could be immensely helpful in your effort to prove negligence and obtain compensation.
If you were injured at a bonfire and think that there may have been an element of negligence involved, it is important to seek the help of an experienced injury attorney as soon as possible following your accident. It is hard enough dealing with the pain and mental trauma following a severe injury. The best move you can make following a bonfire accident is choosing not to walk the road to recovery alone. By getting the right attorney, you are able to leave the tedious insurance company negotiations to the professionals, and focus on what really matters – recovering completely and with dignity.
Get David Get Paid
If any of the above scenarios sound like something you might be going through, reach out to Femminineo Law today. We are the right attorneys to help you with your recovery journey. We have been dealing with cases of premises liability for over 30 years and want nothing more than to see you receive the compensation you deserve.
Give us a call today at 855-65-CRASH, or visit our website at getdavidgetpaid.com – you’ll be happy you did!
Get David Get Paid.
