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The lawsuit alleges that the sprinkler system didn’t work at the facility the night of the fire, among other safety concerns.
Three survivors of a fire that killed 10 people living at an assisted living facility in Fall River filed a lawsuit alleging the sprinkler system didn’t work and the facility allowed residents to smoke in their rooms.
Patricia Martin, Terry Young, and Donna Murphey were all residents of Gabriel House, but Murphey was not present the night of the blaze last month. The residents are represented by lawyers with the firm Morgan & Morgan, who also represent families of two residents who died in the fire.
When first responders arrived at Gabriel House July 13, they described flames erupting from the front door and trapped residents hanging out of the windows, screaming for help at the five-alarm blaze.
Investigators narrowed the likely cause of the fire to “electrical or mechanical failure” involving an oxygen concentrator or “improper use or disposal” of smoking materials in a resident’s room.
The suit, one of the first filed in the wake of the fatal fire, names the facility, its owner Dennis Etzkorn, and the North Dartmouth, Massachusetts-based company Fire Systems. The law firm spoke with residents and employees, alleging that firsthand accounts indicate staffing and training issues.
The suit alleges that Etzkorn and his company knew or should have known residents smoked cigarettes in their rooms, despite the presence of medical oxygen. Some residents even smoked cigarettes while being administered oxygen, according to the lawsuit filed in Bristol Superior Court.
Fire Systems, which did not immediately return a request for comment Sunday evening, installed the fire alarms and life safety systems, inspected those systems, and maintained it for Gabriel House, the lawsuit alleges.
Fire Systems improperly installed and maintained the fire panel, fire pump, and sprinkler system, the residents’ lawyers say, which “failed to operate reasonably at the time of the fire.”
“Gabriel House turned into a death trap,” Morgan & Morgan founder John Morgan and attorney Luke Mitcheson 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.”
The lawsuit also alleges that the window air conditioning units were too large and violated code requirements by preventing safe evacuations through windows. The elevator was unusable for at least eight months, the lawyers said, and the facility allegedly lacked an emergency preparedness plan.
Employees speak out before lawsuit
Previously, current and former employees of Gabriel House interviewed by The Boston Globe alleged the assisted living facility not only was understaffed and poorly maintained, but that it also failed to perform fire drills or evacuation procedures. Other residents and former staff alleged poor living conditions, including pest control issues and an unreliable elevator.
The Globe also found that the facility had its license suspended twice since 2010 by state regulators.
“The fact that this facility has been able to operate under these alleged conditions for this long unchecked is appalling,” said Morgan & Morgan attorney J. Ryan Will. “We will hold all those responsible for this tragedy accountable for their alleged negligence.”
Since the fire, Governor Maura Healey pledged $1.2 million for Fall River to hire more emergency response personnel, and the state launched a new safety initiative to ensure the state’s 273 assisted living residences follow additional guidelines.
Etzkorn and Gabriel House didn’t return a request for comment Sunday evening.
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