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Keywords

defendantnegligenceappealtrialsummary judgment

trial

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Collins v. Scenic Homes, Inc., 38 So.3d 28

Facts

In 1982, Scenic Homes constructed Hunters Ridge, an apartment complex, without using a licensed architect. On August 12, 2004, a fire set by an arsonist resulted in the death of resident April Collins and injuries to several others. The residents alleged that Scenic Homes failed to construct the building with adequate fire-suppression safeguards and that the owner, Jonathan Russell, failed to maintain a safe environment. The defendants argued that they had no duty to protect residents from the unforeseeable criminal act of the arsonist and sought summary judgment.

In 1982, Scenic Homes began construction of Hunters Ridge, an apartment development. It is undisputed that Scenic Homes did not use a licensed architect to design the plan and to draft the building specifications.

Issue

Whether the builder's and landlord's duty to construct and maintain a safe apartment building is dependent on whether the fire was accidentally or intentionally caused.

Whether a builder's and a landlord's duty to build and maintain an apartment building to provide fire suppression and fire-escape routes to tenants is dependent upon whether the fire was accidentally or intentionally caused.

Rule

In Alabama, a premises owner has a duty to maintain reasonably safe premises, which includes providing adequate fire-suppression safeguards and escape routes, regardless of the fire's origin.

It is the general rule in Alabama that absent special relationships or circumstances, a person has no duty to protect another from criminal acts of a third person.

Analysis

The court found that the residents' claims focused on the alleged failure of Scenic Homes to construct and Russell to maintain a reasonably safe apartment building. The court determined that the injuries caused by the inability to escape from the fire were foreseeable results of the alleged failure to provide adequate fire safety measures. Therefore, the defendants' argument that they were not liable due to the intervening criminal act of the arsonist was not applicable.

The residents allege that Scenic Homes had a duty to construct and Russell had a duty to operate a reasonably safe apartment building, equipped with appropriate exits and fire-suppression safeguards designed to reduce the risk of injury as a result of a fire, regardless of the origin of the fire.

Conclusion

The Supreme Court of Alabama reversed the trial court's summary judgment in favor of Scenic Homes and Russell, concluding that genuine issues of material fact existed regarding their duties to ensure fire safety.

The judgment of the trial court is reversed, and this case is remanded for proceedings consistent with this opinion.

Who won?

The residents prevailed in the appeal because the Supreme Court found that there were genuine issues of material fact regarding the defendants' negligence in maintaining fire safety standards.

The Supreme Court, Stuart, J., held that: 1 genuine issue of material fact remained as to whether designer had breached its duty to construct, and owner had breached his duty to maintain and operate, a reasonably safe building with regard to fire safety.

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