Tag Archives: Oakland Fire

Legal Fallout From Oakland Warehouse Tragedy

Filing of the first lawsuits in connection with the December 2 Oakland warehouse fire that killed 36, underscores the importance of managing legal risks that arise from disaster.

The fire was the deadliest in the United States since a 2003 nightclub fire in Rhode Island that killed 100.

Civil complaints were filed Friday on behalf of families of two students who died in the blaze against a number of people, including the building’s owner and those who transformed the space into an artist community that was home to 20 people but not permitted for residential use, promoters and those involved with the event.

Separate claims were also filed against employees of Oakland city and Alameda County departments.

The Wall Street Journal reports that the city of Oakland has come under increasing scrutiny since the Dec. 2 fire for failing to prevent the blaze. City officials have said no building inspector had been in the warehouse for the past three decades even though complaints had been made for years.

Although state law provides a broad liability shield for local governments for failing to conduct building inspections, the immunity is “not insurmountable,” according to the lawyer representing families.

Criminal charges may also follow.

Among the lawsuits’ allegations, according to CNN:

—“The interior of the approximately 10,000-square-foot Ghost Ship was a death trap, which contained a maze of makeshift rooms, alcoves and partitions. It was cluttered with carvings, mannequins, paintings, artwork, scraps of wood, pianos, furniture, tapestries and at least one recreational vehicle trailer, which were kindling for the fire.”

and

—The building contained insufficient smoke alarms, fire extinguishers, sprinklers, exit signs and emergency lighting.

The Insuring California blog post Can cities and artists work together to create safe spaces for venues? explores some of the other factors contributing to the deadly blaze.

U.S. fire departments responded to an estimated average of 1,210 fires in warehouse properties per year (excluding refrigerated or cold storage), which represents less than 1% of all structure fires, the National Fire Protection Association (NFPA) reports.

These fires caused an annual average of $155 million in direct property damage, three civilian deaths, and 19 civilian injuries.

Fires that were intentionally set and fires caused by electrical distribution and lighting equipment are the leading causes of warehouse fires, according to the NFPA (below).

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NFPA notes:

“Warehouses present special challenges for fire protection because their contents and layouts are conducive to fire spread and present obstacles to manual fire suppression efforts.”

More on structure fires available in the Insurance Information Institute’s facts and statistics on fire.