'This was preventable': First lawsuit filed over Fla. condo tragedy
Many think the class action suit's timing is distasteful as rescue teams continue to search for survivors of the Surfside building collapse.
Not even twenty-four hours after a 12-story oceanfront condominium complex partially collapsed several miles north of Miami in Surfside, Fla., one class action lawsuit has already landed in Miami-Dade Circuit Court.
Attorney Brad Sohn of The Brad Sohn Law Firm in Coral Gables filed the suit Thursday, June 24, on behalf of resident Manuel Drezner, who accused the Champlain Towers South Condominium Association of negligence. Since the suit landed in court last week, Sohn said he’s lined up more than 20 clients and is in talks with more.
Sohn will handle the case with Kozyak, Tropin & Throckmorton, based in Miami and Coral Gables.
The disaster happened in the early morning of June 24th as many residents slept. As of July 1, there are at least 18 people confirmed dead and over 140 still missing.
Drezner owns and lives in unit 1009 in Champlain Towers South and is seeking at least $5 million in damages, excluding costs and attorney fees, for those affected.
The lawsuit — which is likely the first of many — claimed that the condominium association could have prevented the collapse, and failed to protect the safety of residents by “internationally, willfully, recklessly, or negligently” failing to take appropriate safety measures and keep residents informed.
The litigation is about healing, Sohn said.
“In the early hours of Thursday morning, an unspeakable horror rocked the close-knit community of Surfside, Florida,” Sohn said. “Shortly thereafter, Sohn Law was engaged by the Drezner family. As a lawyer, I can’t fix what is irreparable. But what I can do is fight to immediately fully compensate these victims so that they can focus all of their energy on healing as best they can.”
The complaint also cited a public statement from the association’s attorney, Ken Direktor, who said,“ repairs needs had been identified.” Direktor did not immediately respond to a request for comment.
The judge assigned to the case will decide whether Drezner is entitled to represent an entire class of people claiming damages and will have the option of waiting to see how many other claims are filed and consolidating them all in one lawsuit.
Plaintiffs attorney Sohn focuses on catastrophic injury and wrongful death, product liability, complex litigation, medical negligence, mass tort, and class action cases and argues what happened Thursday was preventable.
“Our investigation continues, but we strongly believe this was preventable. A lawsuit is necessary to force all parties to preserve documents and records regarding this building and ensure a thorough investigation into this tragedy,” Sohn said. “We are committed to compensating these vulnerable families, whether they have lost a loved one, lost the place they called home or suffered injury.’’
What’s the rush?
Not everyone agrees the timing is right for a suit like this.
Construction attorney Stuart Sobel of Siegfried Rivera in Coral Gables says attorneys should slow down before rushing to file suit over a collapsed building. Sobel represented Miami Dade College in securing a $33.5 million settlement over the collapse of its parking garage while it was under construction at the school’s West Campus in 2012.
“You have a long statute of limitations. You don’t have to bring a lawsuit tomorrow. In my view, you’re doing it for publicity to get your name out there and get more business,” Sobel said. “At its core, you have a burden of proof. You can’t just point your finger at somebody. You have to be able to prove that that person did something wrong or failed to do something right. There’s just no ability for anybody filing suits today to say that that’s the case.”
Sobel noted engineers are able to forensically determine the cause of the failure and, instead, suggested letting insurance companies investigate first and make sure the claim is justified under the policy.
“They did it at the FIU pedestrian bridge that collapsed, Miami Dade College garage that collapsed, and they’ll do it here,” Sobel said. “We will figure it out, but that’s going to take time.”
Sobel lives 10 blocks away from Champlain Tower South and said his heart goes out to his neighbors and the first responders who have worked tirelessly to rescue survivors and recover victims.
“Their heroism is just inspiring,” Sobel said. “You watch normal people doing what they’re doing, risking their lives without any recognition and any extra rewards. It’s just remarkable to me. You see it in the papers and on the TV, but when you see it in your own community, it just moves me.”
Make repairs ASAP
The June 23rd catastrophe shows it’s crucial for condo associations to take the 40-year recertification process seriously, according to Sobel, who suggests making changes as soon as an engineer comes back with recommendations. Sobel said it might also be in an association’s best interest to do a self-assessment.
“The fact that the law requires it after 40 years does not prevent a condominium association from self-assessing and making sure the building is safe,” Sobel said. “Are there cracks that either merit investigation or are worrisome? If there are, don’t ignore them. I live in a single-family home. It should be no different.”
According to Sobel, there could be some tweaks to the certification process, noting that after Hurricane Andrew, building codes were changed dramatically to withstand more damage and ensure better safety for people.
“It changed everything. Roofs had to be tied down much more strongly, and construction was much more closely watched. As a result, the buildings have been much safer. That was in 1992,” Sobel said. “I would expect that the same type of study of the 40-year certification and perhaps modifications of that will occur as a result of this collapse.”
That said, this event is not something that everybody on a high-rise near the beach will have to worry about, in Sobel’s view, since 40-year inspections are generally effective.
“This doesn’t normally happen. This is extraordinarily rare,” Sobel said. “It wasn’t an explosion; there was no trauma to the building, no lightning strike. You read about the possibility of spalling and the exposure of the building to the salt air. Well, that’s all gradual, but it’s not going to explain the sudden collapse of a 12-story building.”
It could take years to uncover what actually went wrong in Sobel’s experience.
The investigation is still ongoing. Search and rescue teams from Miami-Dade Fire Rescue and other teams from around the country are expected to be on the scene for at least a week.
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