Rooftop Fireworks Spark Apartment Fire, Leading Residents to Sue Owners

Residents of an apartment complex in Atlanta, Georgia, that was severely damaged in a three-alarm fire in November filed a class-action lawsuit against the building owners, claiming the owners failed to maintain the property’s fire suppression system and allowed access to the roof, where the fire began. The devastating blaze that destroyed most of the Reserve at LaVista Walk structure and left it at risk of collapse was reportedly caused by rooftop fireworks that were set off by two individuals, who were both arrested.

In their lawsuit, residents claim the building’s fire suppression system had broken control valves and corroded sprinkler heads, possibly delaying the response, and that the owners knew tenants were accessing the roof but failed to take action to prevent it, Rough Draft Atlanta reported. Resident complaints were also reportedly ignored prior to the blaze, according to Fox 5 Atlanta.

“If the renters had brought this up to the owners and nothing was done about it, that could really be a nail in the coffin as far as potential liability,” said Wills White , Senior Underwriter, Commercial Insurance, Burns & Wilcox , Atlanta, Georgia. “Someone breaking in and setting off fireworks is not something you would ever expect. If there was a series of events beforehand, though — not listening to concerns, or not keeping the building up to code — that just opens the door for a lawsuit that could end up costing hundreds of thousands or even millions of dollars.”

These costs could be covered by an apartment complex’s Commercial General Liability (CGL) Insurance, which can respond when apartment owners are sued over third-party personal injuries or property damage. It is a key policy for building owners, who operate in a high-risk industry where litigation is increasingly common, said Ryan Short , Senior Underwriter, Commercial Insurance, Burns & Wilcox, Atlanta, Georgia.

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