Dallas explosion survivor plans negligence lawsuit

A survivor of last week's deadly Dallas apartment explosion plans to file a negligence lawsuit, arguing the blast that killed three people and destroyed his home could have been prevented.  

The 73-year-old victim, one of five injured in the blast, is out of the hospital and now speaking along with his lawyer about the explosion.

Jose Lopez, who has lived in Dallas since the age of 17, believes he's only alive because his unit is on the back side of the Oak Cliff building that exploded after a natural gas leak on Thursday. He lost all of his possessions in the fire. Three other tenants died, including a baby boy.

For the past 15 years, his apartment in Oak Cliff has been his home.

A translator for Lopez told CBS News Texas that when the explosion happened, Lopez, who was near a window, was hit by something and thought someone threw something through the window. Looking at the damage later, he realized it was a gas explosion.

The senior citizen was hospitalized for minor injuries to his back and shoulder, but there's concern regarding his memory and whether the blast caused a possible brain injury.

Lopez and his attorney, Eric Cedillo, said they have not filed any legal claim yet, but they believe someone was negligent.

"Absolutely, this could've been avoided if proper steps had been taken," Cedillo said. "Is the city culpable? Is Atmos culpable, the general contractor who pierced the pipeline, are they culpable?

Cedillo said they are still getting more information on the actions of the property owners, the contractors, even the fire department.