Federal Class Action Suit Filed Over Edgewater Apartment Fire

EDGEWATER, NJ—Two residents of the Avalon at Edgewater luxury apartment complex have filed a federal class action lawsuit in connection with the devastating five alarm fire last month that destroyed more than half of the units there.

The court action filed against AvalonBay Communities Inc. seeks at least $5 million for what plaintiffs Alessandro DeMarco and Amanda Bayer claim was a dangerous condition that put tenants at risk, according to The Record. They are seeking actual and punitive damages for themselves and all nearby residents and property owners who suffered economic loss or property damage.

The complaint, filed Thursday in U.S. District Court in Newark charged that Avalon was "negligent or reckless—particularly in light of its past track record with fire incidents."

A fire consumed an Avalon building under construction at the same site in 2000. That incident destroyed nine homes, damaged several others and displaced 39 families.

Police officials say that the devastating fire at the complex last month was accidentally caused by unlicensed maintenance workers using a blowtorch while performing plumbing repairs.

The class action was the third lawsuit filed against AvalonBay since the fire was extinguished. Two other lawsuits were filed in state Superior Court in Hackensack. Avalon could not be reached for comment on the latest court action. An Avalon spokesman said recently that the company had no comment on the two other suits. The company's chief construction officer, in a statement released after the fire, said the construction met fire and safety codes. Local officials have suggested that construction met all regulations as well. See story in The Record.