Foam Companies Agree to $30M Settlement in R.I. Nightclub Fire

By | May 14, 2008

  • May 14, 2008 at 1:12 am
    lastbat says:
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    It’s tragic that so many companies have paid so much for what so few did. This fire is a case study in every safety degree program in America and caused great changes in how buildings are assessed for occupancy and egress routes.

    The fire happened because of the pyrotechnics. Not because of anything else. People have made millions off so many companies that were not even remotely responsible for the fire and it sickens me.

  • May 14, 2008 at 1:22 am
    Realist says:
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    You are right, lastbat.

  • May 14, 2008 at 1:34 am
    KLS says:
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    R.I. Nightclub Fire Victims Sue Parents of Great White Members and Club Owners for Giving Birth to Them.

    … And the week after that…

    R.I. Nightclub Fire Victims Sue God.

  • May 14, 2008 at 1:49 am
    Smitty says:
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    When this story forst broke I read somewhere the club owners chose the cheaper flammable foam because the unflammable foam for sound insulation of structures was far more expensive.

    The lawsuit against foam makers is baseless, foam will now all be made in China and only local US distributors & US insurance companies will get hit.

    The owners chose to use the wrong foam for their nightclub because they were cheap bastards-not because they didn’t know the proper foam to use.

    I see no foam manufacturer liability here even if they sold foam that was flammable to a distributor that sold it to the club. I’m sure they didn’t warrant it to be flame proof.

    The victims need to pierce that corporate veil & go after the owner’s assets & divvy it up.

  • May 14, 2008 at 4:05 am
    Joan says:
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    Will this money grab ever end? I so lost any and all sympathy for the “victims” in this matter. All they see are $$$$$$$$.

  • May 14, 2008 at 4:38 am
    jp says:
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    Yes, just another example of the “pile on” law suits. Clearly the performers and club owners are at fault. Be sure and wear your flame retardant pj’s.

  • May 15, 2008 at 7:37 am
    Dread says:
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    Since it’s never about the money, why do we continue to enrich survivors after a tragedy, particularly when they weren’t dependent on the deceased? These awards don’t “punish” anybody, they only serve as an income source for plaintiff lawyers. There were so many claimants, nobody is getting anything substantial except the contigency fee monsters. Liability assessment in this country has become a prostituted concept to make sure somebody pays regardless of fault. Otherwise, the poor attorneys would go hungry. What crock. Sometimes I think having too much liability insurance does nothing more than make you a target for opportunists.

  • May 15, 2008 at 9:35 am
    Maura says:
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    My face was practically burned off and I deserve to be compensated for my pain and suffering for the rest of my life.

    Sorry, but I dont care where the money comes from. Im still scarred and in pain to this day.

  • May 15, 2008 at 9:44 am
    No Guarantees says:
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    I’m sorry to hear about your injuries, Maura. Burns are probably the most painful wounds to live with. But I’m glad you got out with your life.

    You should care where the money comes from, though. Why do you think you’re entitled to money from someone if they had nothing to do with your injuries?

    Frankly, a lot of people have pain and suffering they live with all their lives and are never compensated for it. But they go on living anyway.

    Again, you were dealt an unfair hand by being hurt. But why perpetuate the unfairness against a company that isn’t liable? You can’t collect a debt from someone who doesn’t owe you anything. And unfortuntately sometimes life simply isn’t fair. There’s nothing anyone can do about that.

  • May 15, 2008 at 9:56 am
    Maura says:
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    I would have made it out if that stupid reporter had not tripped me up.

  • May 15, 2008 at 12:19 pm
    Dread says:
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    Maura: Point taken. My reference to “survivors” was aimed at the families and estates of the deceased, not anyone injured.

  • May 15, 2008 at 12:26 pm
    lastbat says:
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    I’ve got to go with No Guarantees on this one – sometimes life stinks and there’s nothing you can do about it. Nobody should get money from people and companies that have no liability. Millions of people live in pain every day without seeing a penny for it. If you are injured by somebody else’s actions you should recover your damages from the liable party – not from any pocket that comes along.

  • May 15, 2008 at 12:30 pm
    Maura says:
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    I guess they should have thought about that before they sold foam that could be lit on fire so easily.

    Not so smart in this litigious society.

    Now their money will go to my plastic surgion,

    thank you.

  • May 15, 2008 at 12:33 pm
    nobody says:
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    GMAB – Or how about suing your mother for giving birth to you… if you weren’t born, you wouldn’t have been there in the first place..

    A lot of people suffer tragedy in their lives, I’m not discounting your situation – or anyone else who was a victim of this senseless accident (accident: definition – an event that takes place without one’s foresight or expectation; an undesigned, sudden, and unexpected event; chance; contingency; often, an undesigned and unforeseen occurrence of an afflictive or unfortunate character; a casualty; a mishap; as, to die by an accident)

    These people didn’t intend for this to happen – no matter how horrifying the outcome.

    I’m just wondering where you get the idea that everyone in their brother is responsible for paying for something they had no direct control over?

    Only those “directly responsible” for the tragic incident are responsible. The owners for making a bad decision, the band for using pyrotechnics in an enclosed confined space without making sure the surrounding areas were fireproof, and I put some fault on the inspector/city for not having regular inspections that would have caught the fact they were using the foam in the first place.

    The issue here is that the foam manufacturer didn’t make a special piece of foam to put in this particular nightclub – for this specific purpose. A piece of their product was used in a method for which it was not intended – so why should they pay? Why should anyone else pay for that matter if they were so far removed from the decisions of the club owners?

    When the money available to the guilty party dries up its gone – if there was no money to begin with you get nothing.

    I was a victem of medical malpractice when I was a minor (16) and the only thing we wanted out of it was that I didn’t lose my leg – Yes I have scars – huge scars because of the surgeries that followed to fix it – and yes I am in agony every day – but we didn’t sue – That was the choice my parents made when it happened, and my decision when I had one to make on my own.

    I can walk and I have a let to stand on and I deal with my problems on a daily basis. Now 30 years later I need a complete knee replacement – which isn’t going to be easy because of the damage that was caused during a “routine surgery” So what – There are more important things in life than trying to make someone else pay for the misfortunes you encounter along the way.

    It’s sad to watch this different generation evolve – one driven by greed, perceived entitlement and irresponsibility.

    Best wishes for your future..

  • May 15, 2008 at 12:37 pm
    Maura says:
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    If this were true then they woudlnt be paying us so much money.

    The fact is I just signed on with the same lawyers as everyone else, I dont choose who to sue. And YES, we did win a decent amount of money from the station that the reporter works for.

    I only get a few $1,000 for every person we win money from though, so Im obviously hoping for more.

    Ive got a real problem with the dead peoples relitives getting money before I do. I suffer from PTSD.

  • May 15, 2008 at 1:16 am
    Joe says:
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    The deepest of sympathy & yes; solidarity with the injured and survivors.
    Yet, the question that BEGS to be asked is: Where will the “tail of liability” end..-or travel to; to wreck additional lives and livelihoods.
    Meaning; at what point in an occurrence or chain of occurrences will (eg) a manufacturer be free of liability
    Look: You make a foam product.
    Everyone knows it’s flammable and probably a carricinogen
    You treat it properly in view of the above, and don’t, let’s say, eat it or smell it, or place it near flame
    If you do, you get hurt.
    So then WHY should the manufacturer be held liable
    Or better said, why should that hamburger joint be made to pay $1,000,000 to a dumb *** who was stupid enough to put a hot cup of coffee between their legs in a moving car ?

  • May 15, 2008 at 2:37 am
    lastbat says:
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    In this case the foam manufacturer was being sued for educating the people they sold to (their distributors) about the potential hazards of their product. Home Depot settle a few months ago in their suit for not educating the contractors they sold to about the potential hazards of the product they were selling.

    It comes down to this – if I sell to a professional I should have a reasonable expectation that their expertise covers the normal hazards inherent in their industry. For a trail of liability I would have it stop at the contractor that installed the foam – injured party sues owner for the incident then owner subrogates against contractor for not installing materials commiserate with the stated future uses of the space. It should end there.

    And Maura, while I can sympathize with your plight, I’m with nobody on this one. There comes a time when you have to choose whether to go along with the crowd or do what’s right. What’s right in this case is taking money only from the people responsible for your injuries.

  • May 15, 2008 at 2:42 am
    Maura says:
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    You might feel differently if you saw what my face looks like and if you saw my medical bills.

  • May 15, 2008 at 3:54 am
    Mike says:
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    Amen to that, Maura
    And all of us; in & out of the industry ARE
    hoping and praying for your recovery and happiness
    God Bless.

  • May 15, 2008 at 4:26 am
    lastbat says:
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    I’ll risk being called a cold, heartless, so-and-so, but no I wouldn’t think differently if I saw your face or your medical bills Maura. I can’t sympathize with you any more than I already do.

    The fact is tragedy happens in life and you are exhibiting the same entitlement mentality that so many of us on this board scream about. Yes you were hurt, yes it’s horrible, yes the people responsible should pay. That’s the key – the people responsible. Our system is broken and people get money from any pocket that happens to be within subpoena distance just because our society doesn’t want to admit that sometimes crud happens and you have to live with it. Were you not on this board, but instead only mentioned in the article, I would be willing to bet there would have been several people making comments similar to mine.

    I’m not heartless, I truly do wish the fire had never happened and I wish you a speedy recovery, but that recovery should not be funded by people who had no responsibility toward you, no liability for your injuries and no stake in the matter. It should be funded solely by the people who caused your injuries and whatever insurance you have for when disaster strikes. Let’s face it, this is one reason we purchase insurance – because sometimes crud happens.

    Thus endeth the rant.



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