Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
Today’s Burning Question: I was responsible for installing an outdoor fireplace at house in Hollywood that was going to be used in a television show and…. well… we took some shortcuts in how we built it. The biggest issue was that it was made out of wood and we kind of didn’t tell the local building officials. So then there was this fire and a firefighter died. Could I get in trouble? After all, the fire was an accident, wasn’t it?
Answer: The fire may have been an accident, but if your conduct in installing the wooden fireplace was reckless, you may find yourself facing involuntary manslaughter charges.
A German architect, Gerhard Becker, is facing involuntary manslaughter charges for his role in installing a wooden outdoor fireplace that sparked a major fire in Hollywood Hills on February 16, 2011 that claimed the life of LA firefighter Glenn Allen.
The LA Times has a great piece on the fire and the case. My point with this posting is to remind everyone about the relevant grounds for manslaughter, and the importance of understanding the mental state of recklessness.
Let’s face it – what we do carries with it the risk of death at every turn. We are not like librarians or school teacher or accountants. People are killed and injured and property is damaged even on a good day at the office for us. When a death occurs, manslaughter is potentially on the table.
Essentially “recklessness” is a criminal mental state that involves acting with conscious disregard for a known and substantial risk of harm. When someone acts with recklessness, and that act is the proximate cause of a death, he/she has committed involuntary manslaughter.
Thus in the LA case, if the prosecutors can convince a jury that Becker consciously disregarded a known and substantial risk of harm by installing the wooden fire place AND that the installation was the proximate cause of FF Allen’s death, he could be convicted of involuntary manslaughter.
