The Davenport apartment collapse killed three, leading to multiple lawsuits against the owner for failing to maintain safety, highlighting ongoing structural concerns.
September 5, 2024
The Davenport apartment collapse killed three, leading to multiple lawsuits against the owner for failing to maintain safety, highlighting ongoing structural concerns.
Approximately one year ago, on May 28, 2023, an apartment complex in Davenport, Iowa, containing six stories of residential units, collapsed. The complex, which collapsed, housed 53 residents. Three residents, varying between the ages of 42 and 60, were killed as a result of the collapse, in addition to one resident having to have their leg amputated due to the rubble and debris of the collapse surrounding her. This catastrophic collapse gave warning signs in the days prior, as a structural engineer recognized that the brick on the side of the complex appeared to be deformed. Three (3) days before the collapse, repair work begins.1 While the work had begun, it did not successfully avoid a ruinous event.
Within two days of the collapse, the City of Davenport filed an action against the owner, as he had failed to maintain the building in a “safe, sanitary, and structurally sound condition.” 2. He was fined $300.00. Id.
Nearly a year after the collapse, the action filed by the City of Davenport has now become one of the numerous legal actions that have been taken against the owner of the complex, locally known as “The Davenport.” As of November 27, 2023, eight (8) lawsuits had been filed, naming various Defendants.3 One lawsuit filed was a class action, in which the Plaintiffs claim the owner failed to ensure the structural integrity of the building. Due to the similar issues of law and fact, the cases have been consolidated into one. Ideally, this will help to promote judicial economy and efficiency.
Most recently, The City of Davenport and three (3) city employees moved to dismiss the claim against them. In April 2024, the Judge denied this Motion on the basis that the Defendants failed to show reasonable care leading up to the collapse.4 A trial by jury has not occurred at this time.
A key Code cited is Davenport Municipal Code §8.15.130(B) and (C), which requires that: “B) All buildings and structures and all parts thereof shall be maintained in a safe and sanitary condition. The owner or his/her designated agent shall be responsible for such maintenance. To determine compliance with this subsection, the building may be reinspected”; and “C.) Every owner or his/her agent, in addition to being responsible for maintaining his/her building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he/she occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling units.” Emphasis Added.
The facts indicate that the owner and various other responsible parties failed to abide by the code, as the structural integrity of the building had been questioned multiple times prior to the fateful incident on May 28, 2023. Not only did structural engineers highlight their professional concerns, but residents also noted cracks in the building walls forming shortly before the collapse.
As previously alluded to, the collapse itself is devastating. What adds to the devastation is that the structural engineer’s concerns were not the first noted concerns about the building. Between 2019 and the date of the collapse on May 28, 2023, there had been more than 140 complaints related to The Davenport filed with the City of Davenport, in addition to the building being declared a public nuisance in the year 2022.5
The Davenport is not the only building in the Quad-Cities area with structural defects. Over seven buildings have had known structural problems since May 2023, heightening the safety concerns for the residents in the area. 6 Naturally, buildings will suffer from a natural progression of wear and tear over time. The issue is this natural progression is sped up and results in deathly damage when the property owners fail to keep up with maintenance.
The Quad Cities is home to numerous colleges, such as Augustana, Palmer College of Chiropractic, Eastern Iowa Community College, St. Ambrose, Black Hawk College, Orion Technical College, and Trinity College of Nursing. With the numerous colleges comes a large number of students who rent in the area. It is clear that the event that occurred at The Davenport is not an isolated event for the area, as there are ongoing structural concerns regarding other residential dwellings in the area.
While the litigation associated with The Davenport is ongoing, it is hopeful that the tragedy that occurred nearly a year ago at 324 Main St, Davenport, Iowa, will encourage other property owners to take maintenance of their property more seriously and motivate them to abide by Davenport’s Municipal Code as it relates to structural maintenance.
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