Vallejo, CAA 2008 fire accident that took the lives of three senior citizens at an elder care facility in California is now becoming a court case after the operators of the facility allegedly failed to maintain a working fire alarm system and allowed one of the residents to indulge in his habit of smoking cigars while in close proximity to medical oxygen.
The fire occurred on August 15, 2008 at the historic Casa de Vallejo senior's home. Three residents died and 117 were displaced. A large group of former residents are now suing the operators for allegedly ignoring fire code violations.
The defendants are also facing criminal charges of elder abuse and manslaughter in relation to the fire.
The resident who is suspected of starting the fire, Robert Bennett, died in the accident. He is at the center of a lawsuit filed on August 16 by plaintiffs George Phillips and Elizabeth Nace. In their action, the plaintiffs claim that managers of the facility were aware that Bennett was a "chronic alcoholic," according to the 8/20/10 issue of the Contra Costa Times. Further, the plaintiffs allege that Bennett had "a habit of smoking cigars while receiving medical oxygen," but was "provided with alcohol and/or smoking tobacco anyway."
The defendants include Amerland Group LLC executives Jules Arthur and Ruben Islas Jr., who founded the San Diego-based affordable housing company that owns Casa de Vallejo. Also named as defendants were Logan Property Management, Amerland/Vallejo LLC, and Vallejo Housing Partners LLP, a subsidiary of Amerland.
According to the report, Amerland was founded in 2001 and is listed as the owner of 17 affordable housing complexes in California, New Mexico and Colorado. Five of those locations are communities geared to house seniors.
An open flame or a spark anywhere near a source of oxygen is a known fire hazard. In the past there have been unfortunate fire accidents in operating theaters when a rogue spark has ignited oxygen used in concert with surgical or medical procedures.
If the allegations are true—that a resident was allowed to produce a spark or an open flame near active medical oxygen—a working fire alarm system might have prevented additional deaths and burn injury.
If you have suffered losses in this case, please send your complaint to a lawyer who will review your possible [Fire Lawsuit] at no cost or obligation.