The fire broke out about 6:30 a.m. at the Wedgewood Senior Living Center in Castle Hills, a suburb surrounded by San Antonio. More than 160 firefighters from six fire departments were called to the scene.
Six months before the fire several residents had filed a lawsuit alleging that bird feces had contaminated the apartment's drinking water and caused illnesses to several residents, including spores found in one resident's lungs. In the wake of the fire, asbestos was found in areas of the building.
In the aftermath of the fire, a jointly filed negligence lawsuit claimed apartment management neglected to take basic fire safety precautions in order to keep tenants safe by failing to install or maintain certain safety measures. The suit cited a list of issues, including the lack of fire sprinklers inside the 11-story building, failing to install or maintain smoke detectors, smoke alarms and fire extinguishers, and failing to adequately notify elderly residents of how to evacuate in the event of a fire.
The building did not have fire sprinklers, although it was not required to under Castle Hills’ grandfathered rules. Last year, State Representative Rick Galindo (R) sponsored a bipartisan bill that became law Sept. 1, which requires all Bexar County high-rise residential buildings in which the population is majority elderly or mobility-impaired to be retrofitted with fire sprinklers by 2027.
Recently, more than 60 survivors reached a confidential settlement with Entrada Management Services, Inc., Bellamar Texas, LLC and the Wedgewood Senior Apartments. A prior settlement was reached with Hernandez Painting, which had been doing work at the complex before the fire. Although still unresolved are claims against Firetrol Protection Systems which designed, installed and maintained the fire alarm system. The lawsuit alleges that the systems failed to properly operate the morning of the fire, and thus contributed to the injuries and deaths.
In separate lawsuits, relatives of those killed reached a tentative settlement with the apartment operators last year, although they have sent filed paperwork alleging Entrada and Wedgwood hid the fact that they had more insurance coverage than disclosed, so they could settle at a lower cost. Family members also have an open claim against Firetrol.
Property owners and managers have a legal obligation to keep an apartment complex free of known dangers, including maintaining adequate security and fire safety measures. If they shirk this responsibility, serious injuries or death can occur. But, securing financial compensation in premises liability cases can be difficult. For victims who find themselves in needing financial assistance while in a pending lawsuit, premise liability lawsuit funding may be beneficial.
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Lawsuit Financial Corporation is a pro-justice lawsuit funding company that seeks to educate plaintiffs and attorneys about lawsuit funding. Our company is an attorney owned and operated full service legal finance company recognized by attorneys nationwide as a preferred choice for legal funding services. Mark Bello, CEO and General Counsel, is recognized as an expert in this field, both as an underwriter of these transactions and as an advocate for appropriate treatment of plaintiffs/clients in this industry and in litigation.
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