Understanding victims’ rights to compensation in fire disasters

BY MICHAEL ‘LEKAN ODUNLAMI

Every now and then, there are devastating news, like buildings catching fire with people trapped in them, some injured, and, tragically, some lives are lost. Fire incidents, whether in schools, office towers, markets, schools, or residential buildings, are becoming alarmingly frequent. Yet, after the smoke clears up, and the media and social media moves on as usual, the victims of the unfortunate incident and their families are often left to deal with their losses alone without any form of remedy from the person at fault.

Just a few days ago, a fire broke out in Afriland Towers located in a busy commercial high rise in Lagos, reportedly starting in the Inverter room which is in the basement of the building. The fire quickly spread through the entire building with devastating effects. The building housed several corporate entities with hundreds of employees. Several people in the building died of smoke inhalation, while others were injured in the rush to escape through desperate means, including jumping from high floors. In the chaos, some of the trapped employees jumped from the windows and sustained serious injuries in a bid to escape.

The scene was scary, and sadly, not unusual due to incessant occurrence of similar cases. Over the years, we have witnessed or heard similar fire incidents in popular markets, plazas, and office buildings, whether it’s different parts of Balogun market, the Iddo AG Leventis blaze, Tejuosho market, or other devastating incidents in Abuja, Port Harcourt, Ibadan, and across Nigeria.

While the causes of the fire may differ, from electrical faults, fuel leakages, fire from gasoline generators, faulty inverters, poor maintenance, or even human error; the result is often the same unfortunately. It is worthy to state that in many cases, buildings may lack basic safety features like functioning fire alarms, fire extinguishers, emergency exits, or even lack periodic fire drills; where occupants of buildings are taught on how to respond to fire outbreak. It is always the responsibility of someone or body to provide one or some of these items listed, and where the failure to provide any of them is the cause or contributes to the fire outbreak, then, the victims or their families may have the right to compensation from the person who has failed to do what they ought to have done.

Unfortunately, after such disasters, the person at fault may attempt to “manage” the situation quietly by absolving themselves of blame, for example, the fire services who failed to show up on time or the landlord who failed to plan emergency exit in the property or installed poor electrical wiring system. Fire investigation is usually long thus, the investigations into those incidents might stall and the public attention fades away, leaving victims and their families with little or no compensation.

However, the truth is that families or victims may be entitled to legal remedies if they decide to seek redress in court. The law allows them to bring civil claims for personal injury or wrongful death against anyone or authority who has failed to do what they ought to do or did what they were not supposed to do. Such victims can ask the courts to award compensation for medical expenses, funeral costs, loss of income, loss of amenities, emotional trauma, pain and suffering and more. The said compensation is not about revenge, but rather about justice and support for those who have suffered needlessly as a result of someone else’s fault. In many cases, responsibility may lie with landlords, facility managers, maintenance contractors, or even government agencies or others who failed to prevent a disaster that could have been avoided.

To seek remedy, victims or their representatives must firstly contact an experience personal injury lawyer to advise them on how to claim compensation for their injury.  It is most advisable for victims or their representatives not to allow landlords or building managers or the “at fault” person to settle matters “quietly” with handshake, offer a token as compensation or silence, especially when lives have been lost.

Nigerian citizens, just like in other jurisdictions must also be alert and demand stronger enforcement of building safety rules and standards to prevent unfortunate incidents as witnessed in Afriland Towers. The solutions are regular building safety inspections, strictly building approval, updated fire safety certificates, periodic fire dills at public places, clear emergency evacuation plans, and working safety equipment should be non-negotiable. Building owners, especially landlords must prioritise human life over profit.

The time has come for the country to shift the culture from one of silence to one of accountability, where wrongdoers are brought to book. It is true that fires may not be preventable at all times, but the level of damage to lives and property can be greatly reduced with the right legal instruments, proper building planning approvals, effective safety framework, and enforcement.

Compensation for injury in a fire incident against a landlord or whoever is responsible is not a revenge or lack of sympathy, it is simply making them take responsibility for their actions.

Justice is not just about punishment, it is about protection, dignity, and doing what is right at the right time. Let every fire disaster be a call not just to mourn, but to act to get justice where possible.

This article is only meant for general understanding only and not a legal advice. If you believe you’ve suffered any harm or injury due to another person’s fault, and you are concerned about the high cost of  hiring a lawyer, you can reach out to an experienced personal injury lawyer who can handle your case on a “NO WIN, NO FEE” arrangement, which simply means you only pay if you win and get compensation.

Michael ‘Lekan Odunlami, Esq. is a Lagos-based personal injury lawyer at Claybrook Attorneys. He can be contacted via [email protected]