Infattors in a Ząbki fire should secure evidence that will be useful in the possible plowing of claims – advises lawyer Karolina Pilawska. He adds that it is also worth submitting a notification to the insurer and apply for technical documentation of the building.
It is best for people injured in a fire to document everything that is possible: photos of a burned apartment, lists of lost items, receipts, lease agreements, correspondence with the manager, developer or insurer – indicated lawyer Karolina Pilawska from the Pilawska Law Firm Zorski Adwokaci. She noted that with a possible court dispute, even one photo taken with a mobile phone on the day of the fire could be crucial.
As the patron pointed out, Residents of the burned building have the right to demand compensation for not only material, but also personal and emotional damages. Civil law provides for the possibility of claiming compensation for real losses, but also compensation for suffering, stress, loss of sense of security, the need for sudden evacuation, trauma of children, night fears or sleep disorders.
According to Pilawska Claims “may and should be” claimed in court, both from insurers and entities responsible for the technical condition of the building. According to her, “with high probability” there will be court disputes.
In such situations, the courts will have to determine the cause of the fire, the scope of damage, its documentation, the amount and existence of liability on the defendant's side and the causal relationship – she pointed out. That is why it is so important to collect evidence now – she emphasized. “These are not simple proceedings – they require expert opinions, technical documentation, monitoring records, testimonies of witnesses” – added the lawyer.
The patron advises that the firemen would first look for an insurance contract. An individual apartment for an apartment is not mandatory, but it is often a standard for mortgage loans – she reminded. In such a situation, the injured person may report damage directly to his insurer. This, in turn, should carry out a liquidation procedure and pay funds under the concluded contract – he pointed out. However – as she noted – the devil is in the details, so it should be checked whether the insurance covered the fire, what the scope of protection was, whether there are any liability exclusions, what were the sum insured and whether the policy was paid on time.
If the owner did not have individual insurance, he may seek protection under the policy purchased by the Housing Community – the lawyer explained. She added that, however, in this case, attention should be paid to the details, because communities most often insure common parts, not individual apartments. This means that if the roof burned down – compensation may be entitled to a community, but not necessarily a specific owner of the apartment. Therefore, you need to carefully analyze the building insurance contract concluded by the community. Check who is entitled to the contract, what scope of protection is provided for, whether a regression is provided, what the participation of residents in the common part is, because the amount of potential payment depends on these facts – she noted.
Another institution to which claims can be directed in such a situation is the property manager – Pilawska said. The lawyer explained that he is responsible for performing technical inspections, control of the installation, providing the required fire protection measures, and also for responding to signals about irregularities.
“If the manager neglected his duties and allowed the situation in which the installation was not checked, the fire extinguishers were empty and the escapes blocked – then the residents can manage claims directly against him” – says the patron.
She added that in practice the claims would be addressed to the community as an entity ordering property management; This, in turn, may appear with a regression to the manager or management company. Therefore, it is important to determine what obligations arose from the management contract and whether they were actually implemented.
The patron added that Compensation can also be claimed in a civil road from the municipality, voivode or government. “It can't be that a fire – even if he was an accident – leaves people alone, with a loan to pay back and emptiness after old life” – she noted.
She emphasized that Pursuing your rights will only be possible after determining whether the source of the tragedy were gross neglect, construction errors, defective installation or the action of third parties, and each of them has different legal effects and leads to various ways of responsibility.
She indicated that in the case of a defective installation, it would be crucial to determine whether a design, executive error has occurred, or whether the obligation to maintain or technical inspection would be abandoned. Responsibility may rest on the developer, property manager or housing community, and they are responsible for the damage to residents on the basis of both construction and civil law – added Pilawska.
If the reason would be intentional arson, “theoretically” claims can be directed to the perpetrator – the lawyer emphasized. However, he is not always known, and even if it is established, he is often an insolvent person, which makes the pursuit of real claims illusory, “she pointed out. She added that if there was a random fire, it would be necessary to check whether it was inadvertence, gross negligence, or a total case that does not allow you to attribute guilt to any physical person.
“It should also be remembered that not every damage is automatically raising the obligation to pay compensation,” the patron emphasized. She added that in order for this to happen, there must be a cause -and -effect relationship between someone's action or omission and the resulting damage. “And this relationship will often be the axis of the dispute,” she pointed out.
On Thursday after 7pm, the attic in the building from 1998, a building at the estate at Powstańców Street in Ząbki, came from 1998. The fire was possible in late night. According to information provided by the Mazovian voivode, Mariusz Frankowski shows that more than five hundred people lived in 211 apartments. It is checked how many people will need emergency help, and how many temporary.
Frankowski said that the standard ad hoc help for victims in a fire is 8,000. PLN, depending on the damage to the apartment, it will be possible to launch further money. Government spokesman Adam Szłapka announced on Friday that Prime Minister Donald Tusk decided to transfer special funds in connection with the fire in Ząbki.
The Warsaw-Praga District Prosecutor's Office initiated an investigation into the fire. (PAP)
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