Family Of Fairmount Fire Victims Sues The Philadelphia Housing Authority
Surviving family members of the women and children killed in the January Fairmount fire are suing the Philadelphia Housing Authority.
The plaintiffs say PHA knew the home was overcrowded and a safety hazard, attorney Thomas Klein said in a news release.
The lawsuit also names a California company that sells Techno Torch lighters as defendants. The fire started when the 5-year-old lit the Christmas tree at home with a Techno torch. The plaintiffs say the lighter lacked safety features that would have prevented a child from using it.
Klein represents the family of Rosalie MacDonald, Destiny MacDonald, Quintien Tate-MacDonald, Jania Roberts and Quincy White. He added that the families of the other three victims are also preparing a trial.
On January 5, 2022, around 6:30 a.m., a fire broke out in the building in the 800 block of North 23rd Street, which started on the top floor. The house was divided into two apartments on three floors, one unit on the ground floor and part of the second floor, the other on the third floor and part of the second floor. Assistant firefighter Craig Murphy said eight people lived in the lower unit and 14 in the other.
12 people, including nine children, died when the boy who set fire to the Christmas tree fled the building. Everyone lived on the upper floors.
"This terrible tragedy that resulted in the loss of precious lives could and should have been avoided. After a lengthy ATF investigation, the ATF report and our own independent investigation, we are ready to move forward with compensation, but also accountability,” Klein said.
According to Kline, the property failed safety inspections in 2015 and 2017, and the PHA failed to ensure the home was equipped to handle emergencies. Fire extinguishers, fire extinguishers, small smoke and gas detectors were missing from the apartment.
The PHA said it had not received the complaint and was not authorized to discuss the pending litigation.
" The property was last inspected in May 2021 and all smoke detectors were working properly at that time," PHA President and CEO Calvin A. Jeremia said after the fire a few days ago.
Fire investigators found most of the smoke detectors in the apartments were in an inappropriate box and two others had no batteries.
After the fire, President Joe Biden signed legislation to improve smoke detectors in public housing. Legislation introduced by Senator Bob Casey and Congresswoman Madeleine Dean would require smoke detectors to be installed on every level and side of every apartment building in every housing unit managed by a public housing agency.
In Philadelphia, residents can request new smoke alarms for their homes from the fire department through Philly311.
