Arson in Commercial Properties: Business Owners’ Legal Responsibilities

How Can Arson Charges Impact You as a Business Owner?

Arson is defined as the malicious and willful burning of property. It is considered a violent crime, which can result in felony charges in Florida, even if no one was injured. The crime of arson requires that the perpetrator possessed intent and acted to cause a fire. A fire in a commercial property that occurs due to an accident or through negligent acts, like failing to turn off a stove before leaving a property, does not support a charge of arson.

If a fire has decimated your business, it can be a heartbreaking and stressful experience as you assess the damage, deal with your insurance company, and try to determine how you will move forward. Unfortunately, the situation can become even worse if authorities suspect you played a role in intentionally causing the fire. An arson conviction could result in a lengthy prison sentence and hefty fines, and you could also be subjected to civil lawsuits from those who suffered losses or injuries in the fire. If you have been charged with arson following a fire at your commercial property, it’s essential to seek the assistance of an experienced Florida arson defense lawyer as soon as possible to protect your best interests.

What Responsibilities Do Commercial Property Owners Have to Prevent Fire and Protect Customers?

Business owners have many legal responsibilities related to fire safety and prevention. They can be held liable for losses incurred by employees, customers, and the public if a civil court finds them negligent. Florida Statute 633.208 outlines the minimum fire safety standards commercial property owners must adhere to. All businesses must also comply with the regulations set forth in the Florida Fire Prevention Code and the Florida Building Code. Some requirements include:

• Installing an approved fire alarm system for the business’s size and purpose and having it checked yearly by a licensed inspector.
• Providing and maintaining a sufficient number of regularly inspected fire extinguishers throughout the building.
• Clearly marking all emergency exits with lights that will remain lit even during a power outage and keeping all means of egress clear of blockages and hazards that could prevent individuals from leaving the building.
• Installing automatic sprinkler systems or other approved automatic fire-extinguishing systems.
• Ensuring all connections to sprinkler systems, hydrants, and other water lines that may be utilized by the local fire department in the event of a fire are compatible with their equipment.

Commercial property owners owe the utmost duty of care to their customers. An owner must keep their property in a reasonably safe condition and protect their customers from known hazards, as well as dangers that could be discovered through an inspection, such as malfunctioning fire alarms. Failing to maintain the building properly or acting negligently could result in legal difficulties following a fire, including lawsuits from injured patrons and claim denials from insurers.

Unfortunately, if it appears that you failed to uphold your responsibilities as a business owner and a damaging fire occurred, accusations of arson could also arise. However, the prosecution must be able to prove that you intentionally and maliciously set the fire that caused the damage to obtain a conviction on an arson charge. If you are facing arson charges as a business owner, you should obtain legal representation immediately. Your lawyer can uphold your legal rights and investigate the fire while crucial evidence that could prove your innocence is still available.

What Legal Consequences Could You Face If Convicted of Setting Fire to Your Florida Business?

Arson is taken seriously by law enforcement in Florida. Depending on the situation, your initial arson charge could be accompanied by other charges that could increase the sentence imposed upon conviction. A fire that kills one or more individuals, including first responders or firefighters, could even lead to murder or manslaughter charges. Some of the other possible charges you could face if accused of setting fire to your commercial property include:

• First-degree arson: If the business or the building where it was located was occupied at the time of the fire, you could be charged with a first-degree felony, which could be punished by up to 30 years in prison and a fine of up to $10,000.
• Second-degree arson: If no one was in the structure at the time of the fire, you may be charged with a second-degree felony. A conviction can result in up to a 15-year prison sentence and a maximum fine of $10,000.
• Arson resulting in great bodily harm: If anyone, including a firefighter, suffers disabling or long-lasting injuries from the fire, you may face an additional second-degree felony charge that could add up to 15 years and a $10,000 fine to your sentence.
• Arson resulting in injury: A fire that causes any physical injuries can result in a first-degree misdemeanor charge and up to an additional year in prison and a $1,000 fine.
• Burning to defraud an insurer: If an investigation determines that you committed arson to collect on an insurance policy, you could be charged with a third-degree felony and sentenced to a maximum of five years in prison and a $5,000 fine.

How Can an Accusation of Arson Affect Your Insurance Coverage?

While commercial insurance policies generally cover “peril by fire,” suspected fraud or arson are common reasons for insurance companies to deny fire claims. Therefore, if arson is suspected or proven, the insurance policy may not cover the damages. As the business owner, you could end up being financially responsible for the full extent of the damage caused by the fire. Insurance companies may even attempt to cite arson as a factor in fires where no cause was determined during the official investigation and no criminal charges were filed.

How Can Our Law Firm Assist You?

As a business owner, mounting a robust defense against arson charges is essential to protect your reputation, finances, and future. An arson conviction can not only destroy your livelihood but may put you behind bars for several years. However, you should not be punished for circumstances outside your control that led to a fire or explosion at your commercial property. The prosecution must prove you intentionally caused the fire to secure an arson conviction. A skilled defense lawyer from DeMichael Law can analyze your charges and help build a strategy to reach the best possible outcome for your circumstances. To schedule a free case evaluation, contact our office today at 863-216-1831.