4 survivors of fatal San Marcos fire join suit against property
Owners, managers accused of not having proper alarm systems.
Four people who were injured while escaping a deadly fire at an apartment complex in San Marcos last month have joined a lawsuit filed by the father of a man who was killed in the blaze.
Apartment residents Benjamin Munoz, Abril Cardenas, Christina Martinez and Pablo Torres have joined Phillip Miranda, the father of fire victim James Miranda, in suing the owners and managers of the Iconic Village Apartments for gross negligence, premises liability and wrongful death.
The lawsuit, amended Monday, says the property’s fire alarms “failed to effectively activate to warn all residents.”
“The apartment complex did not have functioning fire sprinkler(s) and/or suppression system in place,” the suit says.
Five people were killed, including 23-year-old James Miranda, and several others were injured in the July 20 fire.
The lawsuit accuses the defendants of failing to enforce adequate safety protocols, maintain a safe living environment, adequately inspect and test fire alarm systems, train its employees and warn of dangerous hazards at the apartment complex, among other claims.
“As a result of the defendants’ actions and inactions, multiple residents were trapped and killed in the apartment fire,” court documents say.
Additions to the suit include descriptions of that night from the survivors, who said they were “awoken by the sounds of breaking glass and the screams of those burning alive — not to the sound of fire alarms,” according to a statement from Houston-based law firm Arnold & Itkin, which is representing the five plaintiffs.
Martinez was asleep in her apartment when the fire broke out, the suit says, and awoke to the sound of screams. She grabbed her pet and woke up another per-