Apartment fire: Improper inspection of fire extinguishers: Fire code violations: Wrongful deaths: Settlement

Law Reporter, Jun 2000

Apartment fire: Improper inspection of fire extinguishers: Fire code violations: Wrongful deaths: Burns: Settlement.

Edwards v. Dalcor Management, Ala., Mobile County Cir. Ct., No. 98-001595, Dec. 1, 1999. Edwards, 30, lived with her son, 6, and daughter, 4, in an apartment complex. Early one morning, Edwards's son set fire to a couch while his mother and sister were still asleep upstairs. He alerted Edwards, who tried unsuccessfully to extinguish the fire with water. She then brought a fire extinguisher into the apartment but was unable to remove the pin. The fire spread quickly, and Edwards was unable to rescue her children, who died in the fire. They are survived by their mother. Edwards suffered minor bums. Her medical expenses were about $8,000.

Edwards, individually and as mother of the children, sued the complex's management company, alleging state and federal fire code violations. Plaintiffs claimed that Edwards's inability to remove the pin from the fire extinguisher was due to lack of proper inspection and maintenance. Plaintiffs also claimed that the fire extinguishers in the building (1) were located at a greater distance from the apartment than required by the fire code and (2) were mounted higher than the fire code required. Plaintiffs claimed these factors increased the amount of time it took for Edwards to retrieve the fire extinguisher.

Defendant admitted to some fire code violations, but argued that Edwards's failure to remove the pin was due to her inexperience and panicked state.

The parties settled for about $2.13 million.

James Munger, Cullman, Ala., was plaintiffs' fire loss analysis expert. Defendant's experts included safety analysts Bruce J.M. Kerns, Robert S. Carbonara, and Ronald N. Thaman, all of Columbus, Ohio; and Reedus Harold Deese, fire engineering, Panama City, Fla. Plaintiff' Counsel

*Richard H. Taylor, Mobile, Ala.

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