Bronx Fire Survivors: Families Files Lawsuit Against Owners for Alleged Safety Violations

Bronx Fire Survivors: Families Files Lawsuit Against Owners for Alleged Safety Violations
Devin Pommelli (3) visits a memorial with his mother for the victims of a five-alarm Bronx apartment fire on January 14, 2022 in the Tremont neighborhood of the Bronx borough of New York City. Getty images

Bronx fire survivors have filed a lawsuit against the building owners, citing "reckless disregard" for safety violations that led to the wrongful deaths of 17 people, Aljazeera reported.

Benjamin Crump, a high-profile civil rights lawyer in Florida and the New York law firm Weitz & Luxenberg, represented the fire victims and survivors.

In a news conference that announced the lawsuit yesterday, the residents, mostly African immigrants, emphasized that they are entitled to the same protections and rights as New Yorkers in affluent neighborhoods.

Fire and heavy smoke

According to New York City officials, the fire started in a malfunctioning space heater. The blaze caused heavy smoke in the building and suffocated the victims.

In the press conference, lawyers also cited a lack of adequate heating, windows that are not working, and non-functioning self-closing doors as alleged code violations that contributed to the death toll from the fire.

The fire only damaged a small portion of the building, but residents reported that it sparked a black, caustic smoke that engulfed the entire apartment complex. The heavy smoke covered the stairwell of the 19-story-building, killing people as they attempted to flee from the building, USA Today reported.

Six families affected by the fire named five real estate and investment firms as defendants and are seeking to recover damages for the victims and their families, citing that the fire caused them "severe personal injuries, fright, emotional distress, and/or property damage."

Fire investigators reported that the doors in the front and the 15th floor failed to close automatically, which should have helped contain the smoke from spreading.

Residents of the apartment that survived the fire were displaced after the blaze. Fatiah Touray, for example, told Aljazeera that a month after the fire, many residents are still living in hotels.

Lawsuits against the high-rise apartment owners

The lawsuits identified Bronx Phase III Housing Co., Bronx Park Phase III Preservation, and three investment groups as defendants. The lawsuit did not specify the particular safety protocols violated and the amount of monetary damage that the victims' family is seeking.

Larry Goldhirsch, one of the lawyers for the Bronx fire survivors, said that more information would be identified and announced in the coming weeks.

Last month, ABC 7 reported that Rosa Reyes and Felix Martinez, who survived the Bronx deadly fire, filed a negligence lawsuit against the landlords of the apartment, claiming that the owners were aware of the "defective conditions" at the building, yet they failed to do maintenance. The couple also alleged that the landlords failed to ensure that the fire escapes were in working order and provide adequate heat in the homes. Also included in their complaint is that alarms go off all the time, there was no sprinkler system, and electric lines and systems are not in good working order.

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