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)
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
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, 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
NATIONAL FIRE PROTECTION ASSOCIATION
1 Batterymarch Park, PO Box 9101, Quincy, MA 02269-9101 USA
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
NATIONAL FIRE PROTECTION ASSOCIATION
1 Batterymarch Park, PO Box 9101, Quincy, MA 02269-9101 USA
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
NATIONAL FIRE PROTECTION ASSOCIATION
1 Batterymarch Park, PO Box 9101, Quincy, MA 02269-9101 USA
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).
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. 29
1998 Survey
2001 Survey
2002 Survey
2003 Survey
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. 4
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. 19
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. 19
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. 5
GAO Report, p. 28
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. 18
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. 20
David Randolph Smith & Associates1910 Acklen Avenue
Nashville, Tennessee 37212www.drslawfirm.com