KANSAS CITY, Mo. — A 50-year-old woman critically injured in last Sunday's deadly partial collapse of the Family Dollar location on Broadway Boulevard has filed a lawsuit.
Just before 3 p.m. on Sunday, July 27, first responders raced to the store at W. 37th Street and Broadway Boulevard after bystanders called 911, and parts of the roof collapsed onto the sidewalk below.
A 68-year-old man who was walking on the sidewalk died after he was struck by falling debris.
As investigators from Kansas City, Missouri, and the Occupational Safety and Health Administration continue their work, the first lawsuit was filed Sunday afternoon.
LINK | Read the lawsuit
The injured woman retained SWL Injury Lawyers, LLC, and filed suit against Family Dollar of Missouri, Family Dollar Incorporated, and the property owner, Kansas City-based company Arthur Fels Company.
Attorney James Stigall issued KSHB 41 this statement:
“SWL Injury Lawyers, LLC is proud to represent the kind and innocent individual who was catastrophically injured in the Family Dollar collapse on July 27, 2025. We look forward to holding the appropriate parties responsible. Based on our preliminary investigation, it appears Family Dollar and the property owner knew the building was not structurally safe and presented a serious danger to customers and the general public. It is heartbreaking that this tragedy could have been avoided, but instead, Family Dollar put profits over safety. Our hearts go out to the individual that was killed and the others injured. We ask that anyone with information contact our firm immediately so that we can get justice for our client and the other victims of this avoidable tragedy.”
KSHB 41 News Reporter Ryan Gamboa visited the site Friday afternoon to hear from residents in the area.
Victor Scott, a neighbor and frequent shopper at Family Dollar, told Gamboa that this incident could've been prevented.
"I think about it quite a bit. I have been waking up in my sleep a few nights. It really hits hard," he said. "This could’ve been prevented had they taken a small measure of getting it secured."
Another neighbor and frequent shopper told KSHB 41 she's angry with how the situation has been handled.
"It makes you scared because what else are they overlooking or sugarcoatin’?" Antuanice Nicholson wondered.
KSHB 41 has reported on 311 complaints regarding the building's structural integrity, the role of city codes officials, and, most recently, OSHA's investigation into Sunday's collapse.
"I hate to think a person had to die, a life ended, in order for them to do something they should’ve done a long time ago," Nicholson said. "You've been told and warned and did nothing. You basically killed that man."
A U.S. Department of Labor spokesperson told KSHB 41 in an email, "OSHA has opened an investigation into this incident. The agency has six months to complete its inspection and is unable to provide any additional information while the investigation remains ongoing."
The victim killed in Sunday's incident has yet to be identified by law enforcement.
KSHB 41 News reporter Ryan Gamboa attended an event on Friday morning with Kansas City, Missouri, Mayor Quinton Lucas and City Manager Mario Vasquez in attendance.
"We want to make sure that no one's at risk right now in Kansas City," Lucas said. "Right now, Kansas City has a lot of dangerous building calls. We deal with them almost every day, but we do want to make sure how we can get ahead with these sorts of structures and issues to keep people safe."
Lucas went on to add that the facts are still unfolding in the investigation and acknowledged that there were complaints made about outside issues. Lucas says many 311 calls refer to trash and weeds that don't involve going inside a home, business, or structure.
Hiring more building inspectors and operating more dangerous building calls could be a solution moving forward, according to Lucas.
He explained that the long-term challenge is to navigate state laws that offer property owners extensive rights, seizing property and forcing people to fix issues is difficult.
"There are some state statutory needs that probably need to be looked at," Lucas said. "I think in this situation, it certainly appears that an owner knew about challenges to the structure, the Family Dollar likely did too," Lucas said. "We always look to people to be responsible, like I am at my home, like you are at yours. And that is really the first line of defense in these situations."
He suggests handling more of these cases in the court system, as access to property can't always come without a warrant or court order.
"We hope people are more reasonable and don't require those types of steps," he said. "We are always looking at ways that we can do this even more quickly, more effectively, and that's something we're reviewing."
Midtown residents are calling on Family Dollar, property owners, and the city to be held accountable.
"When OSHA has to come involved in it, it’s also a hazard to the employees working in the dwelling, and that should be taken as a priority as it’s necessary," Victor Scott said.
Nicholson says her faith in city oversight has dwindled.
"The city, they also knew about this," she said. "Does someone else have to die? I’m just going to have to look out for myself because someone who I think is looking out for me, isn’t."
Lucas urges all residents who may be concerned about a dangerous building or structure to call 911.
KSHB 41 was unable to speak with the city manager at the event and reached out to his office via email with a list of questions regarding how the City handles building complaints.
City spokesperson Heather Frierson told KSHB 41 in the email that the incident remains a priority, and that they want to conduct a thorough investigation before commenting.
She referred to an accident that occurred in 2016 that caused damage to the building, and first responders typically request that a City employee from the Dangerous Buildings division be contacted. Frierson said that followed the 2016 accident, which caused significant damage.
Additionally, the City Manager's Office stated that the responsibility for a building's structural integrity and safety rests with the property owner and manager.
"Compliance with the building code and other regulations is a continuous obligation of the property owner," Frierson wrote in an email. "This duty exists regardless of whether enforcement action has been initiated or a compliance assistance visit has occurred.
KSHB 41 has contacted all parties involved in the lawsuit and will update this story as they are received.
"Our hearts and prayers and deepest sympathy go out to the family and friends affected by this incident," a statement from Arthur Fels Company read earlier this week.
The victim's petition claims the three defendants should accept liability for what happened.
The victim is also seeking compensation for the damages that occurred in the incident.
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KSHB 41 reporter Ryan Gamboa covers Miami County in Kansas and Cass County in Missouri. He also covers agricultural topics. Share your story idea with Ryan.