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25 Investigates: Fall River fire victims face legal hurdles as owner lacked liability insurance

FALL RIVER, Mass. — 25 Investigates has learned the owner of the assisted living facility that went up in flames in July did not have liability insurance. And there is no state law requiring that they do.

Ten people lost their lives. Thirty others were hurt. The July fire at the Gabriel House in Fall River represented the greatest loss of life to fire in Massachusetts in more than 40 years, according to state officials.

Many of those affected are now suing the home and its owner, Dennis Etzkorn.

But 25 Investigates has confirmed that while there was property insurance on the building, there was no policy for liability. Attorney Robin Gouveia, who filed suit on behalf of one of the residents who survived the fire, explained:

“Which means there’s no insurance to pay the victims for their pain and suffering from him. That doesn’t mean we can’t go after him personally.”

She says lawsuits are now naming Etzkorn directly as a defendant.

“So the building itself will be repaired and fixed and the insurance company will pay for it. But there’s no insurance to cover for the injury claims made against them for negligence.”

And she points out there is no state law requiring an operator of an assisted living facility to carry liability insurance.

25 Investigates reached out to the Executive Office of Aging & Independence about the rules around insurance. State regulators told us their focus is on the safety and well-being of residents.

“Placing a family member or relative into a nursing facility is a hard choice to make. It’s so stressful. The last thing they’re thinking about is what happens if,” Gouveia said.

Nothing will bring back the lives lost, but Gouveia says there must be accountability for victims and their families.

A spokesperson for Etzkorn declined to comment on why he did not have liability insurance on the home. Instead, they referred us to statements released over the summer, which said in part that he was devastated for the victims and was fully cooperating with investigations.

In August, the statement on behalf of Etzkorn read:

“I have owned the Gabriel House assisted living home for more than 25 years. We are proud to have become part of the Fall River community. Like the rest of the community, I am devastated for the victims of the July 13 fire at the home and their families. As my staff and I continue the work to reunite survivors with their possessions, I am cognizant – I will never forget – that 10 families have suffered a loss that can never be restored. My heart breaks for them in this unbearable time of immense grief.

Over the last quarter century, we have worked hard to provide homes to many people who needed us. Ensuring that the building was safe was always paramount for us. Our residents were more than tenants – they were our neighbors, our friends, and part of our unique Gabriel House family. We, too, deeply mourn their loss.

“I will be forever grateful to the firefighters, police officers, and medics who responded to help us on that tragic night. Were it not for their heroic actions, I have no doubt we would have lost other members of our little community.

Since that night, I have worked closely with all the investigators to determine exactly what happened, and why a fire that should have been contained to one room spread beyond that point of origin, in light of all our inspections. The families of those lost, the survivors, and the city of Fall River deserve those answers.

I have provided investigators with all records related to the building’s safety, including documentation of regular inspections of the sprinkler system by the vendor. The most recent inspection was done on July 8, five days before the fire, and the system was reported to be in working order.

Some people have asked me what the future holds for Gabriel House. But this is not the time to think about the future. This is a time to remain in the present and help those who are hurting to heal, and help those trying to understand what happened to find answers. Those responsibilities are currently all-encompassing and we will continue to do our very best in helping all the families and survivors.”

This is a developing story. Check back for updates as more information becomes available.

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