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Thread: Private fire Investigators: Wrap Up R.I. Club Fire Probe

  1. #1
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    Private fire Investigators: Wrap Up R.I. Club Fire Probe

    PROVIDENCE, R.I. - Private fire investigators have finished searching the site of a deadly nightclub fire and are briefing civil lawyers on what they found, attorneys said.


    Attorney Mark Decof said Tuesday the private investigators were in the process of identifying nearly 500 materials that were found.

    Decof and other lawyers representing victims' families and survivors of the fire are interested in materials such as foam and carpeting that may have contributed to the fire's rapid spread.

    The Feb. 20 fire killed 99 people and injured nearly 200 more. The blaze started after a band's pyrotechnics display set fire to foam that had been placed on the wall around the stage as soundproofing. The fire engulfed the building within minutes.

    "There are some items we know the source of, but there are still many to identify," Decof said. The manufacturers and distributors, he said, could be named as defendants in future lawsuits.

    Decof, who has not yet filed any lawsuits, said the identification process would take about two weeks.

  2. #2
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    Arrow

    If I understand correctly, the plaintiffs may have grounds to sue the manufacturers and distributors of the material that was used in the club for sound proofing and the pyrotechics. Can they really take it this far? Is there a solid case? I undstand suing the club and the band. Maybe I am not seeing the entire picture.

    Marisa Cardona

  3. #3
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    Cool

    Much of the Soundproofing Materials used in recording studios, home theatres, clubs, soundstages, etc are stamped with the warnings and also comes with explicit instruction that these material are mostly combustible and are not to be used near flame or excessive heat. As in some of the charts that I have found, it states that all Soundproofing Materials must be covered with a Fireproof Sheetrock or other non-combustible material to comply with the warning withint he instructions...

    Having worked with and installed these materials before (especially since asbestos has been removed from the materials), I feel that the manufacturer's of these products should be excused from any lawsuits...

    Of course, there are some soundproofing materials that will not have this warning. If those were used, then yes, the manufacturer's should be accountable...

    Just my .02 though...

  4. #4
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    Exclamation

    So theoretically, the club,and possibly the band, could then sue the manufacuters of said material if they claim that it was not stamped with the warnings and that they did not receive specific instructions concerning the use of the material. Is this even possible?

    Talk about domino effect.

    Marisa Cardona

  5. #5
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    I remember reading about this incident and seeing video news clips on television. Even though the band did not take the necessary steps to get a permit for their event to use pyrotechnics can they claim their innocence and blame the company that make their sound equipment, etc.? We would of never staged the event if we knew our sound equipment was not flame retardant?

  6. #6
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    Arrow

    Mike,

    At this point, who knows. My instinct tells me that the band will probably take this avenue of approach simply because it would take the blame off of them. They probably could also sue the club owner, claiming that he/she should have checked the band's equipment and verified that the necessary permit for their event was filed and/or on hand.

    I also wouldn't be surprised if the band sued the city claiming that regulations for equipment manufacturers and club owners are not explicite enough when it comes to permits for specific types of performances, i.e. using pyrotechnics and the like.

    Its one big merry-go-round. No matter where you turn or how you look at it, no one seems to take responsiblity and own up to their actions. It is easier to point at someone else. This is just my opinion.

    Regardless, the lawsuit is going to be a complicated mess.

    Marisa

  7. #7
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    From the reports in the media it sounds like there is enough blame to go around. This misfortune will definately require someone's accountability. The negligence begins with the use of pyrotechnics in such a small and highly flammable area (due to the whole building being old wood) along with the lack of fire inspections in that area (according to the fire marshalls).

    Its a sad situation, but someone will fall for it. The manufacturers should not be held accountable, the band has used these props before and are well aware of the flammable hazards. As well, the club owners are aware of what pyrotechnics are. It seems completely ignorant to have any type of flames shooting from anywhere in an all wood building with only 2 exits.

    Just my 2 cents too!
    Kandra Berry

  8. #8
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    Thumbs up

    I agree. I just found it amazing that they, the band and the club, were going so far as to place blame on the manufacturers. As if claiming that they are not equipped to handle these types of material and that the manufacturer should have know this and prevented them, the club and band, from using them. That is a stretch.

    It is just a sad shame that they feel they need to drag everyone else into an already emotional and sensitive situation. I hope this is a wake up call to other club owners and bands to make sure that whatever they plan to do for entertainment, they should research, prepare and know what is permitted and what is not. If the club ignores fire codes and inspections, they are making a conscious decision to be irresponsible. Likewise, if a band ignores a club's rules and regulations...they are just asking for trouble.

    My dad used to say to me, "Why is it called 'common' sense when it is so rare?" Sad, but it is true. If everyone would exercise a bit more of common sense a lot of accidents could be avoided.

    I'll get off my soapbox now.
    Marisa Cardona

  9. #9
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    Totally agree, there's definitely a bunch of blame to go around and a huge number of people who have suffered irreversible damage and tragic permanent loss of loved ones. Whomever is deemed responsible should suffer great legal consequences, but it was my understanding from the information reported by the media that the foam the club owners purchased was the least expensive material available and was not manufactured for this purpose. It sounded like the club owners misused the material and bought the wrong type, in order to save money and should have known they were taking a huge risk. Given the apparent fact that the manufacturer has no control over what materials are purchased and for what usage, it seems like the manufacturer should be the only innocent party in this situation.

    Kathie

  10. #10
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    Lightbulb

    Given the apparent fact that the manufacturer has no control over what materials are purchased and for what usage, it seems like the manufacturer should be the only innocent party in this situation.
    Exactly! Which is why I thought it was shocking to know that the lawyers were actually looking at this avenue. I think to hold the manufacturer responsible for the use of their products is ridiculous. If that were the case, then there would be entire companies going to prison everyday.

    Thanks for sharing!

    Marisa
    "Success lies not in being the best,
    but in doing your best."

    --Anonymous

  11. #11
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    It's been my experience that, in cases like this, everyone begins pointing fingers while the insurance carriers attempt to assign and apportion the degree of blame to each party. I'm sure this has already turned into a GL , PI and class action nightmare that will tie up the courts for years. The only winners will be the attorneys.

    In the interim, one or more insurance companies are paying the bills with the hope that they will be able to recover some portion of their lien when the liability action is resolved. Unfortunately, all too often, this just leads to higher preminum costs to the commercial customer and/or consumer.

    The fact is, when the Judge is done identifying contributory negligence and comparitive negligence, every party to the suit will be assigned some degree of fault. That means that their ability to recover is limited to anything over and above their contribution to the accident. Mediations between the parties go on forever while the carriers pay the bills.

    Once the mediations are over and the Judge renders a final decision regarding liability, the carriers get to sort out their prospective clients and see how much of their lien they can recover. That's when everyone else begins beating them up because they can't settle their cases until the carrier(s) release their liens. The goal of these parties is not to pay the full lien, but to get the carriers to settle for significantly less. Whatever the carriers don't recover, is nicely passed on to the consumer by way of higher premiums.

  12. #12
    Yolanda Quizhpi Guest

    taking the steps to settle or find faults.

    The introduction and use of evidence is but one part of the complex process of litigation. this process formally begins with the filing of a complaint and terminates with the entry and satisfaction of a final judgment, usually a stipulation out of Court. During the course of various judicial proceedings, the parties' lawyers participate in a variety of matters; pleadings and motions, investigation and discovery, settlement negotiations, the presentation of evidence, closing argument, and if one party doesn't agree with the final rulings, for the most part, an appeal takes place, the preparation of the appellate brief and the delivery of oral argument.

    Two concerns are central to all phases of litigation; first, a concern with establishing facts; and second, a concern with the choice and application of legal rules.

    If I was working this case, I would focus on the business license, when was the last time of inspection, have they had an violations in the past and present? What about the capacity of the place? The contract between the owner and band as an invitee. What type of accident was it? Many people lost their lives and it was sad, but the truth will eventually come out. That is why we have trained people to investigate this type of accidents. But until then, insurance rates will continue to go sky high.

  13. #13
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    The Boston Globe on Sunday 8/17 reported that the results of the grand jury investigation and criminal charges are forthcoming within the next 6-8 weeks or so. Apparently, the criminal phase of the investigation will conclude with the filing of charges against the club owners and the band's road manager only. Stay tuned for more news in the coming month. I haven't heard any updates with regard to the status of lawsuits that have been filed against all parties involved to date.
    Kathie


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  14. #14
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    Taking responsibility for our own actions seems to be in the past.
    So, let's go get the other guy and make them responsible for our mistakes. Would one have pyrotechic in their basement or living room? Did you ever hear of musicians using pyrotechnics in a sound prof recording studio? Just a question.

    My 0.05 worth (inflation)
    DJ
    DJ
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    Life is the souls nursery- its training place for the destinies of eternity.

    William M. Thackeray

  15. #15
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    Hi DJ,

    We can only hope the grand jury investigation took all facts into consideration and since I'm rather close to the location where this unfortunate and tragic event occured, there has been a lot of local news coverage here and reports I've seen indicate they have taken their time (6 months) reviewing all the data, so I'm hoping they are correct in their determinations that the band members as performers were not directly liable. The band members seem to be suffering as well, as they lost one of their own and at least they have been doing benefit concerts to raise money for the sole benefit of the victims. I give them credit for that and for the compassion and sorrow they have publicly expressed.

    It sounds reasonable that the band's road manager is ultimately responsible for checking state fire codes, building permits, safety considerations, owner permission, etc. The club owners had apparently used the most inexpensive packing material available as sound proofing, an obvious misuse of the products intended purpose, and didn't even insure their own employees (as required by law) for worker's compensation. It's sad that 100 people are dead and no amount of prosecution or financial compensation for their families could ever bring them back.
    Kathie


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  16. #16
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    Hi Kathi,
    I truly appreciate your response. I think all parites involved should be held accountable for this tragedy,Club owners, band, and their manager.
    It is a terribly sad and horrifying circumstance.
    I feel for all involved. Nothing sadder in this life than losing an other human being in a bizarre twist of circumstances. tragedy... This is something those folks will never forget and will carry with them through out their lives.
    DJ
    DJ
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    Life is the souls nursery- its training place for the destinies of eternity.

    William M. Thackeray

  17. #17
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    Hi DJ,

    I'm sure everyone will share some responsibility and pay consequences, in one way or another. It is a sad and tragic irreversible event. It strikes me as irresponsible that clubs and fire officials are not more proactive to prevent these tragedies in the first place. After this happened, clubs and fire codes around the country are changing their standards, better late than never I suppose. Sad though.
    Kathie


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  18. #18
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    Hi Kathi,

    I hear what you're saying. I'm in agreement with you 100%.

    DJ
    DJ
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    Life is the souls nursery- its training place for the destinies of eternity.

    William M. Thackeray

  19. #19
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    Has anyone heard the outcome of this tragic event? I haven't seen anything on this.

  20. #20
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    Update on the R.I. Club Fire

    This is really sad, I really liked Great White and I am praying for them, the victims and their families!

    http://www.boston.com/news/local/rho...--+Globe+North

    Aide to band pleads guilty in deadly R.I. club fire
    By Kathleen Burge, Globe Staff | February 8, 2006

    PROVIDENCE -- As dozens of relatives of the dead solemnly watched, Daniel M. Biechele pleaded guilty yesterday to 100 counts of involuntary manslaughter, one for each person who died after he lit fireworks that ignited the deadly Station nightclub fire in 2003.

    Biechele, 29, former tour manager to the band Great White, yesterday made formal his decision to plead guilty in exchange for a maximum sentence of 10 years in prison. A Providence Superior Court associate justice, Francis J. Darigan Jr., is scheduled to sentence Biechele, who lives in Florida and who remains free on bail, on May 8.

    Yesterday was the first time many relatives of those who died in the fire saw Biechele, who wore a tan suit and kept his hands clasped in front of him during the hearing. Biechele's own family sat behind him in the courtroom, packed with victims' relatives who were carrying pictures of the dead.

    Many of the family members craned their heads to get a look at Biechele as he walked into the courtroom behind his three lawyers.

    Darigan had warned relatives who had crowded into the courtroom, sitting tightly packed on wooden benches, that they must refrain from outbursts at the hearing, and they obliged

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