Theresa and Doug Emminger filed a lawsuit against Windsor Green Owners Association on Monday over a fire that occured in their condominium complex on April 12, 2018.
According to the lawsuit, the family suffered injuries and damages from the fire. They said that the building didn’t have a fire alarm system, sprinkler system, a secondary means of egress, and that their condo didn’t have an escape ladder.
“Horry County Fire Investigators determined that the fire originated on the second floor exterior breezeway in the Plaintiffs’ building at or around the light fixture outside of unit 201,” states the lawsuit. “The breezeway, light fixture, and light bulb were located in a common area and exclusively controlled, inspected, and/or maintained by Defendant Windsor Green and/or Defendant Benchmark and its employees.”
Fire Investigator James Cyganiewicz said that there was too much damage to know what actually caused the fire.
“From the facts gathered at the scene, my training and experience, witness statements, it is the opinion of this investigator that the origin of this fire was on the 2nd floor exterior breezeway in the area of the unit 201. Due to extensive damage and lack of physical evidence, the exact fire cause is undetermined. This fire has been classified as undetermined,” the Windsor Green fire report said.
This isn’t the first time a fire has occurred at the complex. In March 2013, 30 buildings and more than 100 residential units were destroyed by a fire. After the fire, approximately 26 buildings were reconstructed to include fire alarm systems, sprinkler systems and a secondary means of egress.
However, this plaintiffs in this lawsuit said that their building was one of the few buildings that wasn’t reconstructed to comply with local fire and building codes after the 2013 fire.
The family is seeking compensation for physical injuries, loss of enjoyment of life, property damage, lost wages, pain and suffering and several other damages.