Five-and-counting. Ten days after the Hard Rock Hotel structure suffered an unprecedented collapse, resulting in numerous injuries and three deaths, the initial lawsuits, claims of personal injury and wrongful death are in the books.
But Loyola University Law Professor Blaine LeCesne says the number of legal actions will rise to a flurry of filings.
"Something happened to that building that should not have happened to caused that structure to be compromised," LeCesne says.
Describing the types of suits expected to be files as the details behind the collapse start to come out, LeCesne predicts: "Lawsuits filed by persons who were injured in the accident. Product liability claims that are ultimately brought against the manufactures of the products that may have been the origins of the collapse or at least contributed to the cause of the collapse."
"It's going to be massive complex litigation involving a host of litigants," LeCesne says. "Involving negligence, breach of contract claims."
But one point that LeCesne emphasizes: "This situation is indefensable on its face." LeCesne says a building is not designed to fall down. The fact that this structure failed so spectacularly is something for which there is just no defense.
As for the fallout LeCesne indicates there will be two waves of suits, the first most from people harmed either physically or financially from the collapse and the efforts to mitigate the disaster. The second will be coming from the defendents themselves: "You're going to have cross-claims between all the defendents. Certainly the major defendents are going to be blaming one another and pointing fingers at one another."
And LeCesne continues, "The architect, engineers, general contractors, and the major [subcontractors]. They are all likely to be named as principal defendents and they're going to file cross-claims against one another."
LeCesne says he would not be surprised to learn if the defendents are likely working with their insurers and surety bond companies on a global settlement much like the one presented by B.P. to mitigate claims stemming from the Deepwater Horizon oil spill.
