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SOUTHEAST TEXAS RECORD

Monday, October 28, 2024

Residents Sue Houston Apartment Complex Over Fire Negligence

State Court
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A harrowing fire incident at a Houston apartment complex has led to a lawsuit against the property management. On August 2, 2024, Rosa Piquet-Aguilar, Bonifacio Perez, and Cipriano Morales Olmos filed a complaint in Harris County District Court against Woodscape Apartments, 9707 Woodscape 2020 LLC, and Texas Excel Property Management Services Corporation.

The plaintiffs allege that on May 22, 2024, a fire broke out at the Woodscape Apartments located at 9707 S. Gessner Rd., Houston. The fire originated in Unit 112 where Rosa Piquet-Aguilar resided. Despite the presence of smoke detectors, they failed to sound an alarm due to being defective or missing entirely. The fire quickly spread to adjacent units occupied by Bonifacio Perez and Cipriano Morales Olmos, resulting in severe injuries and total loss of personal property for all three residents.

Rosa Piquet-Aguilar had previously reported electrical issues within her unit on two separate occasions but received no adequate response from the management. The plaintiffs argue that these complaints should have alerted the defendants to potential hazards. They claim that proper repairs and inspections could have prevented the fire. As stated in their petition: "Defendants were put on notice of the condition yet failed to make the repairs necessary."

The plaintiffs are seeking damages under allegations of negligence and invoking the doctrine of res ipsa loquitur (the thing speaks for itself). Additionally, they are pursuing claims under Texas' Deceptive Trade Practices Act (DTPA) for economic losses incurred due to non-compliance with implied and expressed warranties by the defendants.

In terms of relief sought, the plaintiffs are requesting compensation for past and future physical pain and disability, mental anguish, loss of earnings and earning capacity, medical expenses both past and future, physical disfigurement and impairment, property loss, and moving expenses. They also seek recovery of attorney’s fees as part of their damages under DTPA.

The case is being handled by attorney Adam P. Criaco from Criaco & Associates. The presiding judge over this matter is yet to be determined under Case ID: 2024-49332.

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