Water Tank Accident Lawsuit Seeks Records for 'Potentially Dangerous' Structure

Two people injured when a water tank fell from the roof of a 9-story building filed a lawsuit Friday against the building’s condominium association.

Lauren Hussar, 27, and Jack Baginski, 29, were standing behind the Brewster building at 2800 N. Pine Grove Ave. Wednesday when the wooden water tank crashed to the ground. Baginski was helping Hussar, his girlfriend, move out of an adjacent building.

Hussar was seriously injured when she was taken up a staircase by a wall of water. She was then hit by debris, leading her to slide back down the stairs, head first, according to Chicago Fire Chief Michael Fox.

Baginski was also injured by flying debris and the wave of water that threw him under a car.

Both were sent to Advocate Illinois Masonic Medical Center where Hussar is still recovering.

“We are immediately seeking all maintenance and inspection records for this building and its water tank,” said Richard F. Burke, Jr., partner at Clifford Law Offices.

“Such an old and potentially dangerous structure must be carefully inspected and meticulously maintained to ensure it is securely mounted to the roof of the building. People living in densely populated neighborhoods need to know these aging water tanks are safe.”

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The tank received at least two building code violations in 2010 leading to the inspection’s failure, according to the City of Chicago Department of Buildings. Based on city data, it's unclear whether those citations were addressed and repaired before Wednesday's fall.

The record, which dates back to Feb. 17 of 2010, reads that the building was ordered to, “relocate steel bands to original position on water tank.” 

The notation is combined with an order to, “submit two copies of structural engineering report prepared, signed, and sealed by licensed architect or registered structural engineer about water tank.”

The citations were two of five that caused the building to fail the inspection, with the others being nondescript and potentially, about the tank. 

The lawsuit was filed in Cook County Circuit Court’s Law Division and seeks an unspecified amount of damages on behalf of each of them. 

A third woman, Bertha O’campo, was opening the door to a daycare center on Pine Grove to take out the trash when a tidal wave of water swept her away. She is not part of the lawsuit.

Want more background on the story? 

• Water Tank Fell From Former Charlie Chaplin Home
• UPDATE: Fallen Water Tank that Injured 3 Cited in Failed Inspection