CHARLOTTE — The companies building the SouthPark apartments where two workers died in a massive fire may use a legal defense if they’re found negligent.
Earlier this year, the families of the two men filed a wrongful death lawsuit against companies involved in the construction project.
Channel 9 has learned attorneys for several of the companies named may use what’s called a “contributory negligence defense.” According to our partners at the Charlotte Observer, that means if the companies are found negligent for the fire, then the victims were also negligent for not escaping.
That could mean the victims’ families might not get financial compensation at all.
READ MORE:
- 9 Investigates: Studying the SouthPark fire; what happened and what’s next?
- SouthPark fire: ‘Not a day has gone by that I haven’t thought about it,’ firefighters say
- Families of SouthPark construction fire victims file wrongful death lawsuit
- Construction companies cited for OSHA violations after deadly SouthPark fire
This legal defense is allowed only in North Carolina, three other states, and Washington, D.C.
The accidental fire in May 2023 started in a spray insulation foam trailer on the ground floor of the complex. Demonte Sherrill and Reuben Holmes died trapped on the sixth floor of the under-construction apartment building.
An investigation found the building lacked code-required water connections, which would have helped firefighters get it under control.
Two companies involved in the construction already reached a settlement with the North Carolina Department of Labor. The DOL fined the main contractor for the project, MCRT Carolinas, more than $56,000.
Baker Insulation was also fined.
An attorney for MCRT wrote in court filings that other workers on the sixth and seventh floors evacuated safely, and that Holmes and Sherrill were negligent for failing to care for their own safety and evacuate.
A company spokesperson declined to comment to the Observer, saying it doesn’t comment on pending litigation.
The Charlotte attorney representing the families of Holmes and Sherrill also declined to comment to the Observer on the defense’s argument.
(WATCH PREVIOUS: 9 Investigates: Studying the SouthPark fire; what happened and what’s next?)
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