Posted on 03/02/2003 9:12:27 AM PST by RobFromGa
Those Suing Over Nightclub Fire May Not Find Any Deep Pockets
An investigator sifts through the ashes of The Station nightclub in West Warwick, R.I., on Saturday. It burned down Feb. 20, killing 97. (Robert E. Klein/The Associated Press) |
THE ASSOCIATED PRESS
PROVIDENCE, R.I. -- As families of the dead and injured struggle with their grief after one of the country's deadliest fires, some are starting to look for compensation. Lawyers say it won't come easily.
Rhode Island lawyers estimate at least $1 billion worth of lawsuit claims will be filed in the coming months. But they're not as confident that the pockets of those who may be responsible are deep enough to pay.
"The reality is that, at the end of the day, there's going to be a lot of tears," said Ronald Resmini, a Providence lawyer representing two of the dozens of people injured when fire swept through The Station nightclub Feb. 20. "Probably more tears than money."
Warwick attorney John Lynch, representing other survivors and families of some of the 97 people killed in the blaze, said it would take several months to get any civil cases ready.
In the meantime, the state's criminal investigation is under way.
No charges had been filed as of Saturday, but a grand jury is investigating the blaze that started moments after the '80s rock band Great White began playing. Pyrotechnics set soundproofing material surrounding the stage on fire, and the flames and smoke quickly spread. Fire officials said the building was engulfed within three minutes.
"The most culpable people seem to be the owners of the bar and the band," said attorney Mark Decof, also representing victims. "But it would appear there is wholly inadequate coverage there. So you have to look elsewhere -- starting with the products involved, the people who supplied them, the people who prepared them and maintained them."
Civil lawyers could go after the manufacturers of the pyrotechnics or the soundproofing material that it ignited. Concert promoters, even the architects of the building -- constructed in the early 1940s -- are potential defendants, Decof said.
After a fire in 1977 swept through the Beverly Hills Supper Club in Southgate, Ky., killing 165 people, General Electric paid $10 million to settle claims that it made faulty wiring in the building, though it never admitted liability. Insurance and settlements with companies involved in the building's operation and construction paid out about $50 million.
Attorneys for the Rhode Island club have said the owners were never told the band would be shooting off pyrotechnics; the band's attorneys have said the club gave them permission.
Lawyers for several victims said they also would consider suing the town of West Warwick, where the club was located.
They could make a case that fire officials did not properly inspect the club and that police failed to provide appropriate crowd control. However, getting money from the government could be difficult.
West Warwick's insurance is covered by the Rhode Island Interlocal Risk Management Trust, a risk pool created by the state's municipalities.
Tom Dwyer, president and executive director of the trust, said West Warwick's coverage allows for a maximum of $4 million to be paid in the case of a single incident. That $4 million would have to be split among all eligible claimants, he said.
Under state law, towns are immune from lawsuits unless a lawyer can prove they are responsible for extraordinary wrongdoing.
LOL. Hard to read the article and resist the temptation.
That, Ma'am, is an admission of a negligent act. And since you are ENCOURAGING this libelous thread, you are therefore going to be held responsible when I sue.
Oh. One more thing. You or your husband don't have any deep pockets, do you? I'm in need of some at the moment.
I have been threatened with a suit twice, once as a peripheral and once directly. I both cases, when I was notified of pending action I called the plaintiffs attorney and asked them if their client could pay their legal fees.
I then stated that there was absolutely no money to be gained because I had no insurance, and no attachable assets.
The lawyers went away.
Everyone in business can encumber or dis-own assets, adn operate with the absolute minimum of insurance in order to prevent a pot at the end of the lawsuit. You can also save a lot of money this way. Ask your....umm....lawyer.
I know of someone whose family was killed when a home exploded from a gas leak, admittedly caused by the negligence of the homeowner when he was constructing a kennel in his back yard. He never even denied he was at fault. The survivors sued appliance companies, the gas company - five companies, I think, in total - and they received several million dollars in settlements.
It's disgusting.
Plus, sue the doctors that assisted at the birth of the doctors that assisted at the birth of the band members, the club owners, the stockholders of the pyrotechnic firms.
And the way it was ignited falls totally on the shoulders of the band, IMHO.
The band had used the pyrotechnics without permission in four clubs in four states. Also the person who set up and ignited the pyrotechnics(the band manager) was unlicensed, didn't apply for a permit, and didn't have the sense to have a fire extinguisher handy in the case something went wrong.
This whole tragic situation was a big trian wreck waiting to happen, IMO. You have the club barreling down the track with bad and negligent decisions and the band barreling directly towards them with bad and negligent decisions and unfortunately 98 families have to deal with the hurt and pain of the carnage.
Too many teardrops for one heart to be cryin' Too many teardrops for one heart To carry on You're gonna cry ninety-six tears You're gonna cry ninety-six tears You're gonna cry cry, cry, cry, now You're gonna cry cry, cry, cry Ninety-six tears c'mon and lemme hear you cry, now Ninety-six tears (whoo!) I wanna hear you cry Night and day, yeah, all night long Uh-ninety-six tears cry cry cry C'mon baby, let me hear you cry now, all night long Uh-ninety-six tears! Yeah! C'mon now Uh-ninety-six tears!
I don't see what someone standing out front of a band, singing (or playing), had to do with this.
Under certain circumstances (if it is determined that the pyros were improperly used), a case could be made against the individual who set up and ignited the pyrotechnics - but if the environment hadn't been a tinder box, it wouldn't have mattered anyway.
If a light can had started that fire, would you have blamed their lighting tech? (You probably would have...nevermind.) There is a lot of stuff on a stage that generates heat, Dane. It should be a reasonably fire-safe environment. It wasn't.
Maybe they can sue the estates of some of the victims... the ones who so thoughtlessly blocked the exit. Ought to be good for a few CDs and some rusty car parts.
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