Gabriel House Fire: Mounting Lawsuits & Lack of Insurance for Victims

Gabriel House Fire: Mounting Lawsuits & Lack of Insurance for Victims

The devastating fire at the Gabriel House assisted living facility in Fall River, Massachusetts, on July 13, 2025, resulted in a tragic loss of life, with 10 residents perishing and over 30 injured. This event, the deadliest residential fire in Massachusetts in decades, has sparked a wave of lawsuits against the facility, its owner Dennis Etzkorn, and Fire Systems Inc., the company responsible for maintaining the fire safety equipment. Shockingly, it has been revealed that Etzkorn does not carry liability insurance, a fact that is not mandated for assisted living facilities in Massachusetts, leaving victims and their families facing significant legal and financial hurdles.

The Mounting Lawsuits: Allegations of Negligence

As of October 2025, at least eight civil lawsuits have been filed in Bristol County Superior Court by survivors and families of the deceased, all echoing similar allegations of negligence. These lawsuits claim that the fire exposed “widespread failures of building equipment and systems,” including early warning, life safety, fire suppression, and emergency egress systems. Specifically, the lawsuits allege:

  • Non-functional Sprinkler and Alarm Systems: The sprinkler system reportedly did not function properly during the fire, failing to activate in the room where the fire originated and throughout the building. Residents also claim that fire alarms did not warn them of the fire, trapping them in their rooms amidst thick smoke.
  • Inadequate Staffing and Training: Lawsuits allege that Gabriel House was understaffed on the night of the fire, with only two staff members on duty to care for approximately 70 residents. The staff is also accused of being untrained, unprepared, and unequipped to carry out an emergency evacuation.
  • Smoking Near Medical Oxygen: The lawsuits claim that the management knew many residents used oxygen tanks and also smoked cigarettes, even while being administered oxygen, creating an increased risk of fires and explosions.
  • Blocked Egress: It’s been alleged that Etzkorn allowed residents to install air conditioners that were too large for the windows and this made it difficult for firefighters to get to them.
  • Lack of Emergency Plans: The facility allegedly did not conduct fire drills or have an emergency plan in place, despite state safety regulations requiring them.

These allegations paint a picture of a facility where safety was compromised, and residents were put at undue risk. One lawsuit even went so far as to call Gabriel House a “death trap” ahead of the fatal fire.

The Insurance Crisis: A Systemic Failure?

The revelation that Gabriel House owner Dennis Etzkorn does not have liability insurance has added another layer of complexity to an already tragic situation. Unlike other businesses, such as bars, assisted living facilities in Massachusetts are not required to carry liability insurance. This means that there may be no insurance coverage to compensate the victims for their pain, suffering, and losses.

Attorney Robin Gouveia, who represents a former Gabriel House resident, stated that they are exploring various avenues to help victims recover damages, including pursuing Etzkorn “directly and personally.” Other possibilities include seeking legal doctrines to access the property insurance he does have or identifying additional defendants who may share responsibility.

The lack of mandatory liability insurance for assisted living facilities raises serious questions about the protection of vulnerable residents. Should the state mandate liability insurance for these facilities to ensure that victims of negligence have a means of compensation? This is a question that Massachusetts lawmakers may need to address in the wake of the Gabriel House fire.

Navigating the Legal Landscape: Options for Victims

Despite the lack of liability insurance, victims and their families are not without options. They can pursue legal action against Etzkorn and other potentially liable parties, such as Fire Systems Inc., for negligence. A personal injury lawyer can help victims navigate the legal process and fight for the compensation they deserve.

Potential avenues for compensation include:

  • Personal Injury Lawsuits: Victims can sue for damages such as medical expenses, lost wages, pain and suffering, emotional distress, and property damage.
  • Wrongful Death Lawsuits: Families of deceased residents can file wrongful death lawsuits to recover damages for their loss, including funeral expenses, loss of income, and loss of companionship.
  • Claims Against Other Responsible Parties: If the fire was caused by a defective product or the negligence of a third party, victims may be able to file claims against those parties as well.

It is crucial for victims and their families to seek legal advice as soon as possible to understand their rights and options.

Resources for Fire Victims

Recovering from a fire can be a long and difficult process, but resources are available to help. Several organizations and agencies offer assistance to fire victims, including:

  • The American Red Cross: Provides emergency assistance, such as shelter, food, and clothing.
  • Catholic Charities: Offers a range of services, including counseling, financial assistance, and housing support.
  • The United Way: Provides funding to local organizations that assist fire victims.
  • FEMA (Federal Emergency Management Agency): Offers disaster assistance, including grants for temporary housing and home repairs.
  • Local and Government Agencies: Specializing in disaster relief and house fire victim assistance to get financial assistance after a house fire.

In the aftermath of the Gabriel House fire, the Fall River community has rallied to support the victims. Local businesses, organizations, and individuals have stepped up to provide donations, volunteer services, and emotional support.

Lessons Learned and Moving Forward

The Gabriel House fire serves as a stark reminder of the importance of fire safety in assisted living facilities. It also highlights the need for greater accountability and oversight in the industry. Key takeaways from this tragedy include:

  • The Importance of Functioning Fire Safety Systems: Regular inspections and maintenance of sprinkler systems, fire alarms, and other safety equipment are essential to prevent fires and protect residents.
  • The Need for Adequate Staffing and Training: Assisted living facilities must have enough trained staff to respond effectively in an emergency.
  • The Risks of Smoking Near Medical Oxygen: Strict enforcement of no-smoking policies is crucial to prevent fires in facilities where residents use medical oxygen.
  • The Value of Emergency Preparedness: Regular fire drills and comprehensive emergency plans can help residents and staff evacuate safely in the event of a fire.
  • The Necessity of Liability Insurance: The state should consider mandating liability insurance for assisted living facilities to protect residents and their families in cases of negligence.

The Gabriel House fire was a preventable tragedy. By learning from this event and taking steps to improve fire safety and accountability, we can help ensure that such a disaster never happens again.