TAUNTON, Mass. — A national law firm is suing Gabriel House Assisted Living Residence in Fall River on behalf of three residents who claim they were injured in a deadly fire that killed 10 people in July.
Morgan & Morgan, with a location in Taunton, also represents the families of two residents who died in the fire at the assisted-living facility on July 13. Attorneys are currently reviewing legal actions on their behalf.
The new lawsuit, filed Thursday in Bristol Superior Court on behalf of residents Patricia Martin, Terry Young and Donna Murphey, alleges the facility and its owner Dennis Etzkorn knew or should have known that residents smoked in their rooms, despite having medical oxygen on site, and that some residents smoked while being administered oxygen therapy.
Investigators later determined that the fire began in a resident’s room located on the left side of the second floor of the structure. An oxygen concentrator and numerous smoking materials were found in the room, State Fire Marshal John Davine said last week.
According to the complaint, Davine said the fire may have been caused by careless smoking activities.
The lawsuit is also the first to name Fire Systems Inc., a North Dartmouth corporation, as a defendant.
Fire Systems allegedly provided fire alarms and life safety systems for Gabriel House and allegedly inspected and maintained that equipment.
The complaint alleges the fire panel, fire pump and sprinkler system at Gabriel House were improperly installed and maintained and failed to operate reasonably, at the time of the fire.
“Gabriel House turned into a death trap. Our lawsuit alleges the owner and the fire safety company he contracted with knew it, and yet they failed to act in time to save the facility’s vulnerable residents from death and permanent injuries,” Morgan & Morgan founder John Morgan said in a statement.
“Our elderly and disabled deserve our best efforts, but in this case, we allege their safety was recklessly and callously ignored in favor of profits,” Morgan said. “We will stop at nothing to achieve justice for the people and families impacted by the defendants’ alleged negligence.”
The complaint also alleges Gabriel House failed to meaningfully enforce its no-smoking policy.
It also claims the facility had window air conditioning units that were too large to allow for safe evacuation through windows, that the facility allegedly lacked an Emergency Preparedness Plan, and that an elevator on the property had been broken for eight months.
“We’ve spoken with residents and employees. Our complaint alleges that Gabriel House had multiple code violations,” Morgan & Morgan attorney J. Ryan Will said in a statement.
“We have heard firsthand accounts, and our complaint alleges that the facility has staffing and training issues and failures of fire safety equipment in which smoke detectors, fire alarms and sprinkler systems allegedly did not operate,” Will said.
“The fact that this facility has been able to operate under these alleged conditions for this long unchecked is appalling,” Will said. “We will hold all those responsible for this tragedy accountable for their alleged negligence.”
The plaintiffs are seeking damages for physical injuries, emotional and mental anguish and suffering, loss of enjoyment of life, economic losses, and medical expenses and property damage, according to the complaint.
Nearly a decade ago, the Fall River facility temporarily lost its certification due to resident mistreatment, the Associated Press reported.
In the wake of the fire, Massachusetts Gov. Maura Healey has since announced a new safety initiative.
It requires all 273 assisted living facilities in the Commonwealth to send letters to residents and families outlining safety protocols and evacuation plans. There’s also a new safety assessment survey these facilities must complete, as well as specify their disaster and emergency plans.
Mayor Paul Coogan and IAFF General President Edward Kelly said in the days after the fire that staffing levels at the Fall River Fire Department will increase immediately.
The staffing changes came days after the union said inadequate staffing hindered the response to a fire.
The lawsuits announced Friday are being spearheaded by Morgan & Morgan’s fire litigation section.
The firm previously secured a $143 million settlement for the victims of the September 2018 Columbia Gas explosions in the Merrimack Valley, according to the firm.
It also secured a $17 million verdict in April for a mother and child after a fire in Gainesville, Florida, and a $10 million settlement over an apartment complex fire in Myrtle Beach, South Carolina, according to the firm.
This is a developing story. Check back for updates as more information becomes available.
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