NHC Fire Litigation

1. NHC Fire Litigation • David Randolph Smith & Associates • www.drslawfirm.com

6. Nursing Homes & Sprinklers • At the time of the NHC fire 85% of all nursing homesin the United States had installed sprinklers. NFPAJournal, (March/April 2004). • At the time of the NHC fire 84% of Tennessee’snursing homes had installed sprinkler systems. Only55 out of 343 Tennessee Nursing Homes lackedsprinklers. Tennessee Dept. of Health Report. TheAssociated Press (Sept. 29, 2003).

7. Nursing Home Fires are Frequent Events and Sprinklers Save Lives • There are, on average, over 3,000 fires per year in Health Care Facilities that care for the aged. NFPA Journal (Nov./Dec. 2003). • Sprinklers reduce the risk of death by 82% inbuildings that care for the aged and sick. NFPAJournal (Nov./Dec. 2003).

8. NFPA Journal (Nov./Dec. 2003)

9. NFPA Journal (Nov./Dec. 2003)

10. Sprinklers Save lives • “The NFPA has no record of a fire killing more thantwo people in a completely sprinklered publicassembly, educational, institutional or residentialbuilding where the system was working properly.”NFPA, Fire Sprinkler Incentive Act (March 25, 2003)p. 2.

11. GAO Report, p. i

12. GAO Report, page 3

14. Risk of Fire in Unsprinklered Buildings • There were many prior fatal fires in nursing homesthat prompted strong recommendations to installsprinklers in nursing homes. • On February 26, 2003 16 nursing home patients diedat the Greenwood Nursing Home in HartfordConnecticut. There were no sprinklers in this nursinghome. There was a national call to install sprinklers innursing homes. CNN (Feb. 26, 2003).

15. Extensive Media Coverage • The 16 deaths in the non-sprinklered Hartford, Conn.nursing home fire came 6 days after the deaths of 99people in the Station Nightclub fire in West Warwick,R.I.(Feb. 20, 2003). There were no sprinklers in thisclub. • The national outcry over the lack of sprinklers causedthe NFPA, National Fire Sprinkler Association,American Fire Sprinkler Association, andInternational Association of Fire Chiefs to endorse theFire Sprinkler Incentive Act of 2003 (H.R. 1824, April,2003) (to create 5 year property depreciation).

16. Many residents mobility impaired 10 deaths 23 Hospitalized 10 in Critical Condition No sprinklers in the facility Extremely difficult to get patients out of the facility

18. Warnings • The Nursing Home industry was on notice that thelack of sprinklers in buildings occupied by the elderlyand infirm was “a time bomb just ticking away.”Connecticut Attorney General Christopher Morano(March 11, 2003) (comments after the GreenwoodNursing Home fire in Hartford, Conn. that killed 16people in an unsprinklered nursing home). AssociatedPress, (March 11, 2003).

19. Beaumont Nursing Home, Little Rock, AR. 2 deaths, 12 injuries. Water to sprinklers turned off.

20. Oakville Nursing Home. Memphis, TN. 3 deaths, 18 injuries. No sprinklers.

21. Hill Haven Rehabilitation and Convalescent Home, Norfolk VA. 12 deaths. No sprinklers. Four-story building nearly identical to NHC.

22. Dardanelle Nursing Home, Dardanellle, AR. 4 deaths, 10 injuries. No sprinklers.

23. Woburn Nursing Center, Woburn, MA. No deaths in a sprinklered nursing home.

24. Sprinklers Prevent Deaths • In the NHC fire public officials criticized the lack ofsprinklers and stated sprinklers would have savedlives: “We do know that with technology [sprinklers],the fire would have been put out quicker, and weprobably would have had a lot more people survivethis fire.” Nashville Fire Dept. Assist. Chief LeeBergeron. “Fire Official Blames Death Toll on Lack ofSprinklers.” The Tennessean (Sept. 27, 2003).

25. The Right Way • By contrast, in April 2004 a fire broke out at theBroadmoor Assisted Living Center in Murfreesboro,TN and three sprinkler heads extinguished the firewith no loss of life. “Sprinklers Credited withMinimizing Fire at Center,” The Tennessean (April 10,2004).

26. Common Law Duty • Walter Champion Co. v. Dodson, 555 S.E. 2d 519 (Ga. Ct. App. 2001) (failure to have sprinklers could constitute premises defect) • In re One Meridian Plaza Fire Litigation, 1994 WL 116028 (E.D. Pa., 1994)(issue of common law duty to install sprinklers in high rise was for the jury) • U.S. Borax & Chem. Co. v. Archer Daniels Midland Co., 506 N.W.2d 456 (Iowa App. 1993)(failure to install sprinklers stated common law negligence claim for jury) • Boardman Molded Products, Inc. v. St. Elizabeth Hosp. Med. Center,1990 WL 152471 (Ohio Ct. App. 1990)(verdict upheld for breach of common law duty to install sprinklers).

27. GAO Report, p. 29

28. 1998 Survey

29. 2001 Survey

30. 2002 Survey

31. 2003 Survey

32. GAO Report, p. 4

33. GAO Report, p. 19

34. GAO Report, p. 19

35. GAO Report, p. 5

36. GAO Report, p. 28

37. GAO Report, p. 18

38. GAO Report, p. 20

39. David Randolph Smith & Associates • 1910 Acklen Avenue • Nashville, Tennessee 37212 • www.drslawfirm.com