Four more suits have been filed in the aftermath of the Sofa Super Store fire in Charleston, SC on behalf of four Charleston firefighters who fought the June 18, 2007 blaze. The firefighters claim that they have experienced post traumatic stress, depression, and other ailments as a direct result of the negligence of the Sofa Super Store, Inc., the Goldstein Family Limited Partnership, Dupont Performance Elastomers, Feltmann & Associates Inc., Conklin Company, Robinson & Robinson Furniture, Motion-Eaze Recliners, Overnight Sofa Corp., Primo International, Miller Concrete, the Pembrook Chair Corp., and Albany Industries.
The four lawsuits are in addition to at least six prior suits filed against the defendants by firefighters or their estates/families as a result of the Sofa Super Store fire. The four plaintiffs, Matthew Roberts, Gary Taylor, Eric Croft, and Edward Jones III, are seeking punitive damages in addition to compensation for their actual damages. The cases were filed in the Court of Common Pleas for Charleston County.
The complaint alleges that the defendants were responsible for illegal modifications to the building, the use and installation of highly flammable roofing and ceiling components, and the presence of "unreasonably dangerous and highly flammable" materials in the building.
Wouldn’t the “fireman’s rule” be applicable?
I think the Fireman’s Rule would be one possible defense for some of the defendants. I am not sure the product manufacturers could make the argument as the defense is often associated with the owners/tenant’s of property (not always).
Some of the earlier Plaintiff’s alleged gross negligence and that may (in some states) trump the Fireman’s Rule. In some states the violation of laws trumps the Fireman’s Rule and there are allegations that the building was illegally modified. I’d like to get a look at the actual complaint.