People v. Deitsch

In People v. Deitsch (97 A.D.2d 327, 336, 470 N.Y.S.2d 158 [2d Dept 1983], a worker died when he became trapped in a warehouse fire. The defendants in the case were a textile corporation, its president, and his brother. The conditions that led to the fire and the death included the storing of voluminous bales of cloth that left only narrow aisles for walking, exits to fire escapes that were completely hidden on two of the floors, the absence of sprinklers, elevator doors that remained open, and internal self-closing fireproof stairway doors that were propped open and rendered inoperable. It was in the context of these multiple hazardous conditions that the Second Department held that "the defendants cannot escape liability simply because those unsafe conditions were not the sole cause of death . . . and we can see no bar to . . . criminal liability for deaths caused by a fire upon one who maintains . . . a firetrap, no matter what the cause of the fire." (Deitsch, 97 AD2d at 336). The Deitsch Court found the conditions to be an actual contributory cause of death, and the death foreseeable.