Two lawsuits have been filed over the tragic fire at a Fall River, Massachusetts assisted living facility that took the lives of
10 residents and injured 30 others on July 13, making it the state’s deadliest residential fire in decades.
Three residents of Gabriel House have filed a lawsuit against the facility, its owner Dennis Etzkorn, and the building’s fire safety equipment firm, Fire Systems In
c. of North Dartmouth. Fire survivors Patricia Martin, Terry Young and Donna Murphey allege bodily injury and prop
erty damage resulting from the “negligence of the defendants, their violations of statutory and regulatory duties, and disregard for the residents receiving care.”
The lawsuit alleges that the fire exposed “widespread failures of building equipment and systems,” including early warning, life safety, fire suppression, and eme
rgency egress, in violation of state codes, licensing regulations, industry standards, and the standard of care.
Woman, 66, Is 10th Person to Die After Massachusetts Assisted-Living Facility Fire
The lawsuit further alleges the management allowed smokin
g in a building where oxygen was in use. The suit cites comments by the state fire marshal that the fire was “more likel
y than not the result of careless smoking activities or the failure of an oxygen concentrator on the second floor o
f the property” and that “the presence of medical oxygen in the area of origin and in other nearby rooms played a significant role in the fire’s rapid spread.”
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Smoking or Oxygen Machine Eyed as Possible Causes of Assisted Living Home Fire
Gabriel House was home to 70 residents receiving care and, according to the complaint, there were only two staff members on-shift when the fire occurred.
The lawsuit seeks damages for emotional and physical injuries as well as for assisted living, medical care and relocation expenses. The personal injury firm Morgan & Morgan that brought the suit for the three residents also represents families of two residents who died in the fire.
The state fire marshal’s investigation into the fire is ongoing.
Deadly Massachusetts Fire Highlights Assisted Living Regulation, Staffing
A separate lawsuit has been filed by resident Steven Oldrid, a resident who who was trapped in his room and suffered smoke inhalation, respiratory distress, and loss of consciousness during the fire. He says the fire caused further injury to his “already compromised physical state.” Oldrid says his ability to engage in his pre-injury daily activities has been adversely affected. His lawsuit alleges that Gabriel House lacked proper management, staffing, and emergency procedures. As a result, he has incurred expenses for hospital and medical treatment.