NHC Fire Litigation - David Randolph Smith · 2018. 10. 19. · NURSING HOME FIRE SAFETY Recent...

NHC Fire LitigationDavid Randolph Smith & Associates

www.drslawfirm.com

Nursing Homes & Sprinklers

• At the time of the NHC fire 85% of all nursing homesin the United States had installed sprinklers. NFPAJournal, (March/April 2004).

• At the time of the NHC fire 84% of Tennessee’snursing homes had installed sprinkler systems. Only55 out of 343 Tennessee Nursing Homes lackedsprinklers. Tennessee Dept. of Health Report. TheAssociated Press (Sept. 29, 2003).

Nursing Home Fires are Frequent Events and Sprinklers Save Lives

• There are, on average, over 3,000 fires per year in Health Care Facilities that care for the aged. NFPA Journal (Nov./Dec. 2003).

• Sprinklers reduce the risk of death by 82% inbuildings that care for the aged and sick. NFPAJournal (Nov./Dec. 2003).

NFPA Journal (Nov./Dec. 2003)

Sprinklers Save lives

• “The NFPA has no record of a fire killing more thantwo people in a completely sprinklered publicassembly, educational, institutional or residentialbuilding where the system was working properly.”NFPA, Fire Sprinkler Incentive Act (March 25, 2003)p. 2.

Report to Congressional RequestersUnited States Government Accountability Office

GAO

July 2004 NURSING HOME

FIRE SAFETY

Recent Fires Highlight Weaknesses in Federal Standards and Oversight

GAO-04-660

GAO Report, p. i


GAO


FIRE SAFETY


GAO-04-660

GAO Report, page 3

Risk of Fire in Unsprinklered Buildings

• There were many prior fatal fires in nursing homesthat prompted strong recommendations to installsprinklers in nursing homes.

• On February 26, 2003 16 nursing home patients diedat the Greenwood Nursing Home in HartfordConnecticut. There were no sprinklers in this nursinghome. There was a national call to install sprinklers innursing homes. CNN (Feb. 26, 2003).

Extensive Media Coverage

• The 16 deaths in the non-sprinklered Hartford, Conn.nursing home fire came 6 days after the deaths of 99people in the Station Nightclub fire in West Warwick,R.I.(Feb. 20, 2003). There were no sprinklers in thisclub.

• The national outcry over the lack of sprinklers causedthe NFPA, National Fire Sprinkler Association,American Fire Sprinkler Association, andInternational Association of Fire Chiefs to endorse theFire Sprinkler Incentive Act of 2003 (H.R. 1824, April,2003) (to create 5 year property depreciation).

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CNN LIVE ON LOCATION

Nursing Home Fire Leaves 10 Dead

Aired February 26, 2003 - 13:01 ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITSFINAL FORM AND MAY BE UPDATED.

ANDERSON COOPER, CNN ANCHOR: And we are going to beginright here at home with another tragic fire. It erupted overnight at anursing home in Hartford, Connecticut. Today, 10 people are dead,and a person described as a resident is being questioned by police. CNN's Jason Carroll is standing by live to tell us the latest -- Jason.

JASON CARROLL, CNN CORRESPONDENT: Anderson, anothertragic fire in the northeast, and again more questions about exactly what happened. Let me tell you exactly wherewe're standing. Right on the other side here of this fence is the Greenwood Health Care facility. That is where thefire happened, early morning. As you see right there, it was restricted to the southeastern portion of the building.

Fire broke out at about 2:30 in the morning. Some 148 patients were actually inside the residence there. Ten arereported dead, nine have been identified, 23 of them are hospitalized, 10 are in critical condition. Many of thepatients were mobily (ph) impaired, so it was extremely difficult to get some of the residents out of the facility. Just ashort while ago, we spoke to a representative from the chief State's Attorney's Office. He talked about the fact thatbecause of what happened here, because of the fact that there were no sprinklers in this particular facility --sprinklers not required -- he says because of what happened here, laws are likely to be changed.

(BEGIN VIDEO CLIP)

CHRIS MORANO, CONNECTICUT STATE ATTORNEY: Yesterday, I appeared at the state capital and met withlawmakers to talk about nightclub fires and venues of that type, and what we could do with our laws to make themtougher and to be preventative. And we spoke a lot yesterday about being preventative. Today, we're back to beingreactive. But we will probably find some things as a result of this incident that will make us want to look at somecodes in the area of sprinklers.

(END VIDEO CLIP)

CARROLL: At this point, everyone who was inside the facility has been accounted for. Also, an individual is incustody and is being questioned at this point. That individual described as a female patient here at the facility. Thechief inspector here telling me that they've obtained some sort of a search warrant. What they are going to be doingis going through the facility, trying to secure any evidence for their case. This is a criminal investigation at this point.At this point, investigators are going to try and determine whether or not this was some sort of an accident orwhether or not this fire was intentional -- Anderson.

COOPER: So, Jason, is the facility shut down at this point? And if so, where are all the residents now?

CARROLL: No, the facility, in fact, is not shut down. Because the fire was restricted to the southeastern wing, if youwill, of this particular facility, the other portions of the facility are open. So there are patients that are here in the partof the facility that was not affected by the fire. That portion of the facility does remain open -- Anderson.

COOPER: All right. Jason Carroll, thanks very much. Appreciate it.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINEORDER FORM LOCATED AT www.fdch.com

10 deaths

23 Hospitalized

10 in Critical Condition

Many residents mobility impaired

Extremely difficult to get patients

out of the facility

No sprinklers in the facility

Warnings

• The Nursing Home industry was on notice that thelack of sprinklers in buildings occupied by the elderlyand infirm was “a time bomb just ticking away.”Connecticut Attorney General Christopher Morano(March 11, 2003) (comments after the GreenwoodNursing Home fire in Hartford, Conn. that killed 16people in an unsprinklered nursing home). AssociatedPress, (March 11, 2003).

BEAUMONT NURSING HOME

Little Rock, ARJanuary 12,1984

FIRE

INVESTIGATIONS

NATIONAL FIRE PROTECTION ASSOCIATION

1 Batterymarch Park, PO Box 9101, Quincy, MA 02269-9101 USA

Telephone: 1-617-984-7263 E-mail: [email protected]

Beaumont Nursing Home, LittleRock, AR. 2 deaths, 12injuries. Water to sprinklersturned off.

Oakville Nursing Home.Memphis, TN. 3 deaths, 18injuries. No sprinklers.

FIRE

NURSING HOME FIRE

Norfolk, VA

October 5, 1989

INVESTIGATIONS



Telephone: 1-617-984-7263 E-mail: investigations @nfpa.org

Hill Haven Rehabilitation andConvalescent Home, Norfolk VA.12 deaths. No sprinklers. Four-storybuilding nearly identical toNHC.

FIRE

NURSING HOME FIRE

Dardanelle, AR

March 13, 1990

INVESTIGATIONS



Telephone: l-6 17-984-7263 E-mail: investigations @nfpa.org

Dardanelle Nursing Home,Dardanellle, AR. 4 deaths, 10injuries. No sprinklers.

FIRE

NURSING HOME FIRE

Woburn, MA

October 30, 1992

INVESTIGATIONS



Telephone: l-6 17-984-7263 E-mail: investigations @nfpa.org

Woburn Nursing Center, Woburn,MA. No deaths in a sprinklerednursing home.

Sprinklers Prevent Deaths

• In the NHC fire public officials criticized the lack ofsprinklers and stated sprinklers would have savedlives: “We do know that with technology [sprinklers],the fire would have been put out quicker, and weprobably would have had a lot more people survivethis fire.” Nashville Fire Dept. Assist. Chief LeeBergeron. “Fire Official Blames Death Toll on Lack ofSprinklers.” The Tennessean (Sept. 27, 2003).

The Right Way

• By contrast, in April 2004 a fire broke out at theBroadmoor Assisted Living Center in Murfreesboro,TN and three sprinkler heads extinguished the firewith no loss of life. “Sprinklers Credited withMinimizing Fire at Center,” The Tennessean (April 10,2004).

Common Law Duty• Walter Champion Co. v. Dodson, 555 S.E. 2d 519 (Ga. Ct.

App. 2001) (failure to have sprinklers could constitute premises defect)

• In re One Meridian Plaza Fire Litigation, 1994 WL 116028 (E.D. Pa., 1994)(issue of common law duty to install sprinklers in high rise was for the jury)

• U.S. Borax & Chem. Co. v. Archer Daniels Midland Co., 506 N.W.2d 456 (Iowa App. 1993)(failure to install sprinklers stated common law negligence claim for jury)

• Boardman Molded Products, Inc. v. St. Elizabeth Hosp. Med. Center,1990 WL 152471 (Ohio Ct. App. 1990)(verdict upheld for breach of common law duty to install sprinklers).


GAO


FIRE SAFETY


GAO-04-660

GAO Report, p. 29

1998 Survey

2001 Survey

2002 Survey

2003 Survey


GAO


FIRE SAFETY


GAO-04-660

GAO Report, p. 4


GAO


FIRE SAFETY


GAO-04-660

GAO Report, p. 19


GAO


FIRE SAFETY


GAO-04-660

GAO Report, p. 5

GAO Report, p. 28


GAO


FIRE SAFETY


GAO-04-660

GAO Report, p. 18


GAO


FIRE SAFETY


GAO-04-660

GAO Report, p. 20

David Randolph Smith & Associates1910 Acklen Avenue

Nashville, Tennessee 37212www.drslawfirm.com

NHC Fire Litigation - David Randolph Smith · 2018. 10. 19. · NURSING HOME FIRE SAFETY Recent...

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Transcript of NHC Fire Litigation - David Randolph Smith · 2018. 10. 19. · NURSING HOME FIRE SAFETY Recent...