FALL RIVER, Mass. — A survivor of a devastating fire at an assisted living facility has initiated legal action against the establishment, its owner, and a fire alarm service provider. The tragic incident, which occurred on July 13 at the Gabriel House Assisted Living facility, resulted in the deaths of 10 individuals and left at least 30 others injured, with many residents trapped during the blaze.
The lawsuit, brought forth by the Keches Law Group on behalf of Alvaro Vieira, implicates not only the facility and its owner, Dennis Etzkorn, but also Fire Systems Inc., a company based in North Dartmouth responsible for the maintenance and inspection of fire alarms and life safety systems at Gabriel House.
Among the serious allegations outlined in the complaint are claims of significant regulatory violations. The lawsuit states that the facility lacked a legally mandated emergency plan, failed to conduct necessary fire drills and staff training, and experienced critical failures in fire safety equipment. According to the filing, the facility’s elevator had been out of service for over eight months, which impeded emergency evacuations, and oversized air conditioning units obstructed windows that could have served as emergency exits.
State fire officials have indicated that careless smoking practices may have triggered the fire. Massachusetts Fire Marshal Jon Davine noted in a statement that investigators are considering two potential causes: a malfunction involving an oxygen concentrator and improper handling of smoking materials.
The lawsuit further asserts that Etzkorn and the facility did not enforce existing smoking policies, compromising the safety of residents who received oxygen therapy and were potentially exposed to flammable materials. It alleges that prior to the fire, management was aware of incidents involving smoking within the facility, despite residents receiving medical oxygen.
In the wake of the July tragedy, two additional lawsuits have been filed. A recent suit from the law firm Morgan & Morgan on behalf of residents Patricia Martin, Terry Young, and Donna Murphey contends that both Etzkorn and the facility should have been aware of residents smoking indoors, often while using oxygen therapy. The same lawsuit holds Fire Systems Inc. accountable, alleging that the facility’s fire panel, fire pump, and sprinkler system were poorly installed and inoperative at the time of the fire.
Morgan & Morgan is also advocating for the families of two deceased residents and is exploring further legal options on their behalf. Additionally, Steven Oldrid, another resident, lodged a lawsuit in Bristol Superior Court last month, citing unsafe conditions at the facility prior to the fire. He reported being trapped in his room during the incident, suffering from smoke inhalation and related medical distress.
Etzkorn has publicly stated his cooperation with the ongoing investigation into the fire, as community members continue to grapple with the aftermath of this tragic event.
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