Morgan & Morgan Sues Gabriel House on Behalf of Fire Survivors

National firm’s lawsuit alleges sprinklers at facility didn’t work; names Fire Systems, Inc. as defendant

[Taunton, MA] – Morgan & Morgan, the nation’s largest injury law firm, is suing Gabriel House Assisted Living Residence in Fall River, Massachusetts on behalf of three people who allege they were injured by the deadly fire that occurred there on July 13. Morgan & Morgan also represents the families of two residents who died in the fire and is currently investigating legal actions on their behalf. 

The new lawsuit lays out an expansive case against the facility and its owner Dennis Etzkorn, alleging they knew or should have known that residents there smoked in their rooms despite the presence of medical oxygen and that some would even smoke while being administered oxygen therapy. According to the complaint, the State Fire Marshal has stated that the fire may have been caused by careless smoking activities.

This lawsuit is also the first to name Fire Systems, Inc., a corporation based in North Dartmouth, MA, as a defendant. Fire Systems allegedly provided fire alarms and life safety systems for Gabriel House and allegedly inspected and maintained that equipment. The complaint alleges the fire panel, fire pump and sprinkler system at Gabriel House were improperly installed and maintained and failed to operate reasonably, at the time of the fire.

“Gabriel House turned into a death trap. Our lawsuit alleges the owner and the fire safety company he contracted with knew it, and yet they failed to act in time to save the facility’s vulnerable residents from death and permanent injuries,” said Morgan & Morgan founder John Morgan and attorney Luke Mitcheson. “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. We will stop at nothing to achieve justice for the people and families impacted by the defendants’ alleged negligence.”

 The attached complaint also alleges Gabriel House failed to meaningfully enforce its no-smoking policy. Additionally, the lawsuit claims the facility had window air conditioning units that were too large to allow for safe evacuation through windows, that the facility allegedly lacked an Emergency Preparedness Plan as allegedly required by Massachusetts law, and that an elevator on the property had been broken for eight months. 

“We've spoken with residents and employees. Our complaint alleges that Gabriel House had multiple code violations. We have heard firsthand accounts, and our complaint alleges, that the facility has staffing and training issues and failures of fire safety equipment in which smoke detectors, fire alarms and sprinkler systems allegedly did not operate. The fact that this facility has been able to operate under these alleged conditions for this long unchecked is appalling. We will hold all those responsible for this tragedy accountable for their alleged negligence,” said Morgan & Morgan attorney J. Ryan Will.

The plaintiffs seek damages for physical injuries, emotional and mental anguish and suffering, loss of enjoyment of life, economic losses, medical expenses and property damage, among others. 

The lawsuits are being spearheaded by Morgan & Morgan’s fire litigation section. The practice has a long track record of securing justice for those impacted by fires and explosions caused by the negligence of property owners and contractors, including a $17 million verdict in April for a mother and child arising from a fire in Gainesville, Florida, a $10 million settlement over an apartment complex fire in Myrtle Beach, South Carolina and a $143 million settlement for the victims of the September 2018 Columbia Gas explosions in the Merrimack Valley of Massachusetts.

The case was filed in the Commonwealth of Massachusetts’ Bristol County Superior Court, Civil Action No. 2573CV00593.