Former Tenant Sues Apartment Complex After 2023 Fire, Alleging Failed Smoke Alarms

Lawsuit claims negligence led to serious injuries when alarms failed to activate during blaze.

Mar. 31, 2026 at 9:04pm

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An extreme close-up photograph of a damaged smoke detector, its lens cracked and blackened, against a pitch-black background, conceptually representing the failure of fire safety equipment that allegedly led to a tenant's injuries during an apartment fire.A damaged smoke detector from the James Crossing Apartments fire exposes the alleged failure of basic fire safety equipment.Lynchburg Today

A former tenant of the James Crossing Apartments in Lynchburg, Virginia has filed a lawsuit alleging negligence by the property's management company after a June 2023 fire at the complex left her with serious injuries. The plaintiff claims she was trapped in her third-floor unit because smoke alarms in the building did not activate, despite the fire smoldering for an hour on the first floor before spreading.

Why it matters

This case highlights the importance of basic fire safety standards in residential buildings, and the potential legal consequences for landlords who fail to properly maintain smoke detectors and other life-saving equipment. The lawsuit also underscores the devastating personal and financial impact that can result from such failures.

The details

According to the lawsuit, the fire began on the first floor of the James Crossing Apartments and filled the second and third floors and stairwells with smoke over the course of about an hour. However, the plaintiff claims she was unaware of the fire due to the lack of activated smoke alarms in the building. As a result, she was forced to escape through her window, suffering physical injuries from the fall as well as emotional and financial damages.

  • The fire occurred on Thursday, June 8, 2023.
  • Earlier this month, a judge denied a motion to dismiss the negligence claims, allowing the case to proceed.

The players

James Crossing Apartments

A residential apartment complex in Lynchburg, Virginia.

Atlantic Housing Foundation

The management company named in the lawsuit.

Ben Wilson

An attorney with Morgan & Morgan, representing the plaintiff.

David Weilnau

Executive Director for the Virginia Legal Aid Society.

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What they’re saying

“From a financial standpoint, losing everything, having to start over, that is in and of itself a difficult task to overcome. Then you add in the physical injuries to this, physically, her legs, she ultimately fell from the third story and suffered trauma injuries to her legs, as well as smoke inhalation, being exposed to the amount of smoke that she was, certainly injured her lungs. The internal injuries, you can't see it, but it certainly affects her on a daily basis.”

— Ben Wilson, Attorney, Morgan & Morgan

“This is an event that will inevitably keep her up at night, to say the least, you know, whether it's just the sound of a fire truck, those types of things. I mean, it's a pretty sensitive area for her, and she battles it every day, but it is something that she's getting moving in the right direction, as best as she can.”

— Ben Wilson, Attorney, Morgan & Morgan

“It's not us jumping out there, wanting or demanding that a landlord provide something they shouldn't. This is just basic life safety issues. It's our belief they didn't.”

— Ben Wilson, Attorney, Morgan & Morgan

“In terms of maintaining them, testing them, proper installation, and just complying with basic codes, it's our belief that this property did not comply with those and that because of that, there was no warning, sufficient warning for her, which ultimately led to these injuries.”

— Ben Wilson, Attorney, Morgan & Morgan

“We were deeply saddened that one of our residents was injured in the fire that occurred in 2023 at Waters at James Crossing. We take situations like this very seriously and are committed to maintaining a safe living environment across our communities. Since this matter is currently the subject of active litigation, we are unable to comment further at this time. We respect the legal process and appreciate the community's understanding.”

— Atlantic Housing Foundation

What’s next

The judge has denied a motion to dismiss the negligence claims, allowing the case to proceed. The plaintiff's attorneys plan to seek substantial damages to fully compensate their client.

The takeaway

This lawsuit highlights the critical importance of landlords and property managers upholding basic fire safety standards, including properly installing and maintaining smoke alarms. Failure to do so can have devastating consequences for tenants and lead to significant legal liability.