QUESTION
If someone accidently causes a fire, and someone dies, can the person be held criminally liable?
Asked on Oct 16th, 2012 on Criminal Law - New York
14 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Depends upon what you mean by "accidentally". I would have to see the facts of the case.
Answered on Jun 26th, 2013 at 11:54 PM
2 Awards
Yes.
Answered on May 21st, 2013 at 2:34 AM
Tamara Marie Chin
Yes.
Answered on May 21st, 2013 at 2:31 AM
Steven D. Dunnings
Yes.
Answered on May 21st, 2013 at 2:28 AM
YES. It depends on what you mean by "accidental." Homeless people set fires in abandoned buildings in winter to stay warm . . . then the fire spreads and someone dies. Homeless person is charged with manslaughter, etc.
Answered on Oct 18th, 2012 at 11:45 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Yes, that would be involuntary manslaughter. It is a negligence issue. The determining issue would be was the harm foreseeable. Hire a good attorney.
Answered on Oct 18th, 2012 at 11:26 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, setting a fire accidentally which results in death could be a negligent homicide.
Answered on Oct 18th, 2012 at 7:03 AM
Possibly. Arson and murder can be charged where there is criminal negligence.
Answered on Oct 18th, 2012 at 6:46 AM
At trial, the court will try to prove that the fire was not caused "accidentally", the burden is on them, if they are successful then the court will not deem the fire as an accident. However, if the defense is successful then the court may deem the fire as an accident and the charge will fail. To advise further, I would need to know the charge against that person and the facts of the case.
Answered on Oct 18th, 2012 at 6:42 AM
Thomas Edward Gates
Yes they can, however, it likely will be manslaughter and not murder.
Answered on Oct 18th, 2012 at 5:48 AM
Gary Moore
Yes. The crime is known criminally negligent homicide or manslaughter.
Answered on Oct 17th, 2012 at 9:18 PM
Yes, it's called "reckless endangerment" and maybe even "arson."
Answered on Oct 17th, 2012 at 9:15 PM
Michael J. Breczinski
That depends on the circumstances of the fire. They may be guilty of negligent homicide.
Answered on Oct 17th, 2012 at 8:48 PM
John J. Carney
Arson can be intentional or the result of gross negligence. If you kill someone intentionally it is murder. If it is done by negligence it is manslaughter unless the negligence is so bad as to be considered a "depraved heart" killing and it will be treated as intentional murder.
Answered on Oct 17th, 2012 at 7:34 PM