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By Lawrence J. Luppi | HousingWire
Commentary
Fires are among the most common concerns affecting property owners and their residents, with 329,500 structural fires in homes or apartments occurring in 2024 alone, according to the National Fire Protection Association (NFPA). Of those, 76,000 were in multi-family dwellings, resulting in 340 civilian deaths and nearly 2,300 injuries. Effectively, more than 200 apartment fires take place on any given day across the US.
While the number of total incidents remains high, this represents a substantial decline, with the NFPA noting that the estimated number of apartment fires was 47% lower in 2024 than in 1980. Yet that decline in the number of total fires has not corresponded to a decrease in lost lives or total economic impact of damages incurred.
New materials turn small flames into rapid flashovers
Modern conveniences and design trends play an oversized role in this dynamic. Today’s furnishings, such as carpets, mattresses and couches, are made of a much higher concentration of petroleum-based synthetic materials, which burn faster and hotter than the wood, cotton and wool furnishings of yesteryear.
In fact, data from the U.S. Fire Administration (USFA) shows that today’s fires go from small flame to flashover in just three to five minutes, a nearly 75% decline from the 15 to 17 minutes residents had to escape from a house fire three decades ago, making it far easier to succumb to smoke that is thicker and also more toxic than ever before.
Adding literal fuel to the fire is the increasing popularity of e-bikes, e-scooters and other devices powered by lithium-ion batteries that can catch fire if misused. When one of these batteries catches fire, a phenomenon called thermal runaway causes the battery temperature to rise from 212 degrees to 1,800 degrees in only a second, according to scientists at Clemson University.
Landlord liability extends well beyond physical property damage
For landlords and property owners, modern fires pose a risk not only to the units they maintain, but potentially to a larger portfolio within their building if doors are not properly closed and flames are allowed to spread. NFPA estimates the value of property damage caused by house fires in 2024 at $19 billion.
Beyond costly repairs, owners need to be concerned about their liability, as residents very often seek out someone to blame for the pain, suffering and potential injury or wrongful death of their loved ones. Any delayed maintenance or negligence that may have contributed to the start or spread of such fires could leave property owners liable for millions.
From Atlanta to Grenfell: Courts hold owners and contractors accountable
In Atlanta, a massive 2023 fire destroyed The Reserve at LaVista Walk, a 284-unit apartment complex that was home to more than 220 residents. A resulting class action lawsuit alleged that building management ignored repeated complaints about a malfunctioning smoke alarm, leaving residents unable to determine that the blaring alarm was tied to an actual emergency on the night of the fateful blaze, which took eight hours to contain. The case was settled with building owners owing $8.45 million.
In Oregon, a July 2021 fire killed three people and injured one other when fireworks ignited trash in a dumpster at the Heidi Manor Apartments. A lawsuit followed, alleging that property owners violated Portland’s fire code by placing a dumpster with flammable contents too close to the wooden building, resulting in a $6 million settlement.
Across the pond, the UK’s deadly Grenfell Tower fire is a reminder that the long arm of the law can still come to hold property owners, contracting companies and others to account, even 10 years later.
In 2017, the 24-story apartment building in London’s North Kensington neighborhood went up in flames, burning for a horrific 60 hours. Seventy-two people lost their lives, and another 74 were injured as property damage costs ballooned close to an estimated £1.2 billion (approximately $1.5 billion USD).
This summer, Scotland Yard revealed that 54 individuals and 20 companies were facing criminal referrals for their role in the deadly blaze, with charges expected by the time the UK marks the sad 10th anniversary of the incident. Among those implicated are the manufacturers of the aluminum cladding and foam insulation enveloping the building, the main design-build contractor, architect and fire safety consultant involved in the tower’s refurbishment and the tenant management organization.
Fire Prevention Month offers a critical window to audit safety plans
Each year, as the fall home heating season begins, we also recognize Fire Prevention Month. This period should serve as a reminder and opportunity for all building owners, landlords and managers to reassess their fire safety plans and educate residents and staff about the perils of potentially flammable items like e-bikes and space heaters, as well as proper evacuation procedures to contain fire spread and limit loss of life.
As noted by The Guardian, the devastating economic damage alone caused by the Grenfell Tower fire was “4,000 times the amount that was saved by replacing fire-retardant cladding with a cheaper combustible alternative.” This serves as a cold, frightening legal reminder that the phrase “cheap is expensive” can quickly become an understatement.
So, it’s imperative that property owners stay current with all refurbishment and replacement needs, ensuring all contractors hired and products used are above reproach. Otherwise, the malfunctioning boiler, fire alarm or sprinkler system you figured you’d fix tomorrow may be the cause of a deadly fire today.
Lawrence J. Luppi is a partner with leading defense litigation firm, Coffey Modica LLP. He represents insurers, property owners, managing agents and other professionals in high-exposure fire and explosion matters.
This column does not necessarily reflect the opinion of HousingWire’s editorial department and its owners.
Originally published by HousingWire.
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