In December 2016, 36 people died in a fire during an electronic music concert at the Ghost Ship in Oakland, California, a warehouse that was zoned for commercial use but was used by its leaseholder as an art collective, concert venue, and residential space with tenants. Former tenants described the Ghost Ship as an internal maze with wood stairs and “do-it-yourself” electrical wiring. The cause of the fire has never been determined. The master tenant of the Ghost Ship, Derick Almena, and his assistant were charged with felony involuntary manslaughter. Almena’s trial ended in a mistrial, with a new trial date set for March 2020; the assistant was acquitted. Lawsuits were filed by over 80 plaintiffs naming many defendants. The suits were ultimately consolidated. During the preliminary hearing, the owner of the warehouse pleaded the Fifth Amendment’s anti-incrimination provision. The criminal statute of limitations ended on December 2, 2019. It was expected that attorneys representing the plaintiffs will again request depositions of the owner of the warehouse and then proceed with the civil suit. 

a. Create a list of possible defendants and identify the business torts that might be brought against each. Explain. 

b. If you were a juror in a resulting civil trial, what questions would you have? Explain. 

c. What defenses might be raised? Explain. For an overview of the case and a list of claims and allegations, see Dolan Law Firm, PC, “Ghost Ship Fire Lawsuit,” [https://dolanlawfirm.com]. Check news sources for updates on the lawsuit.