Deck And Balcony Collapse Attorney
Need a deck or balcony collapse attorney who will aggressively pursue maximum damages for your injuries?
Deck and balcony collapse accidents do not happen very often, but when they do, they can result in significant and serious personal injuries, including death. A deck or balcony collapsing does not just happen; there is usually some sort of negligence involved. Either the deck or balcony was built poorly, or the property owner failed to inspect it and protect the people using it.
It can be difficult to prove who was at fault and hold the negligent party responsible for the injuries that happened. But the first step is to contact a law firm that focuses on representing people injured in premises liability cases like deck and balcony collapses. Having a premises liability lawyer on your side with the knowledge, skills, and resources to take on big, powerful defendants will help ensure that you and your family are fully compensated for your injuries.
Balcony And Deck Collapse Injury Attorneys
If you are injured in a balcony or deck collapse accident, then you should consult with a knowledgeable personal injury attorney who is well versed in premises liability cases. At My Rights Law, our premises liability lawyers know how to hold wrongdoers accountable for causing your injuries and how to make them pay you what you deserve in a claim or lawsuit. We will carefully evaluate your case, present you with your legal options, and aggressively pursue all remedies against those who are responsible for your unfortunate situation. If you or a loved one are injured in a balcony or deck collapse accident, call (888) 702-8882 or contact us through our secure web form for a free consultation with one of our knowledgeable personal injury attorneys.
- 1. Premises Liability Laws
- 2. Why Do Balconies And Decks Collapse?
- 3. Who Can Be Held Responsible For A Deck Or Balcony Collapse?
- 4. What Injuries Commonly Happen In A Deck or Balcony Collapse?
- 5. What Damages Are Available For Someone Injured In A Deck Or Balcony Collapse?
- 6. What Can I Do If Injured On Someone’s Property Via Balcony Or Deck Collapse?
Premises Liability Laws
In some states, there are premises liability laws that hold property owners responsible for protecting people who are legally on their property from any dangerous defects or conditions on the property. If the owner or property manager fails to do this, they could be held responsible for any injuries caused by the property defect. Oftentimes, to prove that the owner failed in their duty of care, the following elements have to be met:
- There was a dangerous condition on or of the property;
- The property owner or manager of the property or an employee knew of the dangerous condition, or should have known, based upon a proper inspection of the property;
- The dangerous condition caused the plaintiff’s injuries; and
- The plaintiff did not substantially contribute to the cause of their injuries.
Why Do Balconies And Decks Collapse?
There are many reasons that part of a building might collapse without warning, from structural to faulty building materials to simple overuse and a failure to inspect. Here are some of the reasons that we have seen in deck and balcony collapse cases over the years:
- Architectural design defects: When building blueprints were being created, there could have been structural design defects made by the architect. In other words, the building might have been built according to the specifications and with proper technique and materials, but due to a design problem, the deck or balcony collapsed.
- Construction defects: A construction defect or error is made in the building process. This can include improper securing of support beams, inadequate or sub-par quality building materials, improper installation and failure of base supports, inadequate fastening screws and nails, improper attachment to the main building, or other building code violations.
- Water damage: Water damage can cause significant structural problems with decks and balconies. This is especially a problem when water leakage occurs over many years. If there is a small leak in a rain spout, for example, that water can cause rotting, warping, and weakening of the wooden support structures on the deck or balcony. This problem would be solved with periodic inspections of the property and repairs to any issues found.
- Weather damage: Similar to water damage, weather conditions can affect the structural strength of a part of a building, especially one that is subject to the weather all the time. If the building is subject to seasonal fluctuations in temperature and weather, that could cause damage and weakening of a deck or balcony. Also, if the building was subject to severe storms, such as high winds or large amounts of wet, heavy snow, that could also cause damage. Again, this problem would be solved with periodic inspections of the property and repairs to any issues found.
- Earthquakes: We live in an area of the country prone to many small earthquakes every year. Over time, those small vibrations and shifting of the ground can cause stress fractures and weakening of the support structures of decks and balconies. As with other types of damage, this problem would be solved with periodic inspections of the property and repairs to any issues found.
- Lack of periodic, routine inspections: Inspections of the entire property performed on a routine basis can and should spot many issues before they get to a point where someone might get seriously hurt. Property owners, especially commercial or apartment owners, must perform detailed inspections of the property at least once a year and fix any problems that are found.
- Overcrowding: Every structure, no matter the size and the building materials, has a weight limit. In many of these deck or balcony collapse cases, the structure collapses because of too many people or too much weight. In these instances, the property owner should warn the guests using the property about the number of people that can use the structure at one time. This is an obligation of the property owner, and a failure of this duty can result in the owner being held liable for any injuries that happen.
Who Can Be Held Responsible For A Deck Or Balcony Collapse?
One of the reasons that these lawsuits can be complicated is that there may be many contributing causes and people and entities who are responsible. Here are some of the people and companies that an experienced premises liability attorney will investigate in this type of case:
- Property owner
- Landlord
- Property management company
- Superintendent of a building
- Architect
- Structural engineers
- General contractor and subcontractors
- Business owners
- Tenants
- Property inspectors or inspection companies
- Homeowners
- Governmental building code inspectors
All of the people and entities could potentially be sued as defendants if it is determined that they might be fully or partially responsible for the accident and subsequent injuries. If you or a family have suffered serious injuries in a deck or balcony collapse, you need to have an attorney on your side who has the skills and financial resources to take on all of these potential defendants. Each of these defendants will have an insurance company representing them with a small army of adjusters, investigators, experts, and lawyers, all fighting to make sure you receive the least amount of money possible. You deserve to have an army of your own fighting for full and fair monetary compensation for your injuries.
What Injuries Commonly Happen In A Deck or Balcony Collapse?
There are many types of injuries that people suffer when they are involved in a deck or balcony collapse, and unfortunately, most of them are extremely serious. People may fall from several floors in the air and land on hard concrete or the ground. Here are the common injuries we see in these types of cases:
- Fatalities
- Closed head injuries
- Multiple broken bones
- Traumatic brain injuries (TBI), including concussions, fractured skulls, swelling of the brain, or bleeding of the brain
- Spinal cord injuries
- Quadriplegia
- Paraplegia
- Post-traumatic stress disorder (PTSD)
- Internal organ damage
What Damages Are Available For Someone Injured In A Deck Or Balcony Collapse?
An experienced and knowledgeable premises liability lawyer will be able to review the case and your injuries and determine how much your case is reasonably worth. However, there are many factors that go into determining the value of a personal injury case – there is no set formula that spits out a number.
Here are the factors that go into determining the value of the case:
- How bad were you injured? Did the injury heal completely in six weeks, or will you suffer from the injury for years, maybe even forever? Was surgery required to fix your injuries? Were there permanent aspects to the injury, such as scarring, amputations, or the need for implants to repair bones, thus possibly causing arthritis later in life?
- How much are your medical bills? The amount of medical bills can be helpful in demonstrating how serious an injury is. This number includes past medical bills but as well as future medical bills for any ongoing treatment. A good personal injury attorney can hire an expert to determine what amount of future medical bills will be necessary and factor that number into the equation of appropriate damages.
- Were there any lost wages? Just like with medical bills, this number includes both past lost wages as well as future lost wages due to a lower earning power caused by an ongoing disability. Again, a good attorney will hire an expert to determine the amount of future lost wages, along with interest, that you might lose due to a permanent disability caused by the accident.
- What was the amount of pain and suffering you have endured? This category of damages is called “non-economic damages” and can be difficult to calculate because every case is different, and every injury affects people differently. The same injury could cause one person much more pain and suffering than someone else. The only way to have a sense of what is normal for a particular type of case and a particular type of injury is to hire an experienced lawyer who has handled many of these cases in the past.
- How much insurance coverage are you able to get? This issue involves the insurance policy limits involved in the case. You may have suffered injuries that a reasonable person would agree is worth millions of dollars. However, the maximum you can receive from insurance is whatever the policy limits are. This is part of why it is so important to file a lawsuit against anyone who might have participated in the cause of the deck or balcony collapse.
If you have been seriously injured in a deck or balcony collapse, you need to contact a law firm that has the knowledge, skills, and resources to get you the compensation you deserve.
What Can I Do If Injured On Someone’s Property Via Balcony Or Deck Collapse?
To protect the value of your potential personal injury lawsuit, you should pursue a free consultation with our qualified personal injury attorneys. A free case review with a knowledgeable balcony or deck collapse accident lawyer allows you to determine how to go about filing a lawsuit to obtain a financial recovery. My Rights Law is a highly regarded personal injury law firm that is focused on helping victims obtain compensation and justice. Our lawyers are here when you need us for your balcony or deck collapse accident case. To learn more about how we can help, call (888) 702-8882 or leave a message on our secure web form for a free consultation with one of our experienced personal injury attorneys.