Prosecutors File Manslaughter Charges Against Homeowner After Fireman Dies Trying To Put Out Fire In Homeowners Home

In a very unusual case, the owner of a home that was under construction is  facing criminal manslaughter charges because a firefighter was killed while  he attempted  to put out a blaze that had occurred at the home during construction. The basis for the prosecution is that the homeowner had purchased a “noncode-compliant” fireplace to install in his home. The District Attorney’s office will attempt to prove that the cause of the fire was related to the accused having purchased an improper fireplace.

This case could have a major impact on those that choose to remodel their home or attempt to build a home from the ground up. If something goes “wrong” and a fire breaks out will the homeowner go to jail and have a manslaughter conviction if they call the fire department for help if a fire breaks out and someone dies?
Will this lead to homeowners trying to put out the fire without calling for help. Will that lead to the fire spreading to other persons properties which would lead to even greater damage?

This will be a very difficult case for the prosecution to prove. They must show that the homeowners conduct was “grossly negligent”. We would also want to know how the homeowner could reasonably expect that his purchase of a non-compliant fireplace could lead to the death of a fire fighter.

The death of the firefighter is tragic. However, it is a major error in judgment for the District Attorneys office to attempt to obtain a manslaughter conviction under these facts. We certainly would be interested to know your feelings on this interesting case.

If you or a loved one is facing manslaughter charges call Wallin & Klarich today at 888-749-0034. For over 40 years our experienced criminal defense attorneys have successfully defended clients facing manslaughter charges.  With offices throughout the Los Angeles, Riverside, San Bernardino, San Diego and Orange Counties, we are able to be there for you wherever you happen to live. We will be there when you call.

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