Deck Collapse Lawyer

According to the US Consumer Product Safety Commission, approximately 6,000 people are injured yearly due to a porch, balcony, stairway, or deck collapse [1]. Injuries caused by deck and balcony collapses can result in permanent disability or even death, making it crucial victims work with a personal injury lawyer to receive financial compensation for their suffering.

The deck collapse attorneys at Rosenfeld Injury Lawyers will help you explore your legal options and ensure all potentially liable parties are held responsible for the dangerous conditions on their premises.

Premises Liability Laws for Deck Collapse Claims

A premises liability lawsuit is a subset of personal injury cases focusing on property owners who create unsafe conditions, putting others at serious risk. 

Deck collapse lawsuits rely upon the principle of negligence, which comprises four factors: duty of care, breach of duty, causation, and damages. Proving liability includes the following elements.

• Duty of Care – The liable party is obligated to take all precautions that a reasonable person would consider necessary to avoid a deck or balcony collapse. This includes replacing rotted wood, preventing dry rot, and maintaining the deck properly.
• Breach of Duty -The responsible party failed to prevent a balcony or deck collapse by taking reasonable care. This might include ignoring structural integrity issues, not maintaining the property, or installing the balcony incorrectly.
• Causation -The deck collapsed due to the liable party’s breach of duty, and the injuries suffered were a result of the deck collapse accident.
• Damages – You suffered financial losses from the accident, such as medical bills or time off work. 

Liability for Deck Collapses

When deck collapses occur, our law firm will carefully investigate the facts of the accident to determine who may be liable. Common liable parties in a premises liability case include the following. 

Property Management

The property management company may be responsible for deck collapses in apartment or commercial buildings. A property manager must quickly remedy any dangerous condition on the premises under their care and ensure that the entire property adheres to the local codes. 

Homeowner

Deck collapse cases in private residences are typically directed at the property owner, who is responsible for maintaining the premises for the safety of invited guests. If the property owner knew the deck wasn’t safe but still allowed people to use it, they’re responsible for any injuries that occur when the deck collapses.

A common cause of a balcony collapse is exceeding the structure’s maximum weight capacity. For example, if the homeowner encouraged numerous people to crowd outside, and then the balcony collapsed, this would make them liable. 

Construction Company

Construction companies must ensure their installations meet all local building codes and are safe for use. 

In some deck or balcony collapse cases, a construction defect causes the accident. For example, a deck attached to a home may have a faulty ledger board, which leads to a weak connection between the house and the deck. 

With a balcony collapse lawsuit, construction defects are often related to improper water sealing, which causes the balcony to detach from the home.

Causes of Deck and Balcony Collapse

Our balcony and deck collapse lawyers will carefully investigate all the factors that may have led to the accident, including the following.

• Age – The North American Deck and Railing Association estimates that 30 million decks in the United States are beyond their use date, making them an accident waiting to happen [2].
• Dry rot—Unsealed structures allow moisture inside, encouraging fungal growth and weakening the wood [3]. Over time, this could lead to the structure’s total collapse. 
• Poor Maintenance – Homeowners should regularly inspect their decks and balconies before inviting guests, including checking for wood rot, damaged supports, or missing planks. 
• Inadequate Supports – Ideally, a deck will have joists every 12 inches, and the wood should be at least 2×6 or thicker [4]. There should also be crossbeams to help support the joists. 
• Overcrowding – In most cases, a deck can hold 50 pounds per square foot, meaning a 12 by 12 deck could support about 7,200 pounds [5]. A balcony can support between 50 and 100 pounds per square foot [6]. If a balcony or deck collapses while numerous people are crowded onto it, serious injury can occur to everyone present. 
• Defective Foundation – The home’s foundation also plays a role in a balcony collapse lawsuit. If the foundation is damaged, the balcony can become unbalanced and separate from the structure.
• Construction Flaws – Deck collapses may occur because the construction company failed to reinforce the structure or did not follow the blueprint. With a balcony, they may not have adequately anchored the structure to the home. 
• Faulty Design – Poor design, such as using the wrong type of wood for the climate or failing to consider weight distribution, may lead to a deck collapse case.

Types of Injuries in Deck Collapse Claims

Injuries sustained during a deck collapse can be incredibly severe, while falling from a balcony may be fatal. Common injuries our balcony collapse lawyers see include:

• Head injuries
• Spinal cord injury
• Brain injuries
• Broken bones
• Bruises and lacerations
• Amputation
• Back and neck injuries
• Torn ligaments
• Internal bleeding
• Crush injuries

How Can a Deck Collapse Lawyer Help Your Claim

Legal representation from a well-respected law firm like Rosenfeld Injury Lawyers can help ease your stress and improve your chances of receiving maximum compensation. We will help you navigate the legal issues surrounding a deck collapse lawsuit, including the following.

• Free Case Evaluation – We’ll identify whether you can recover compensation and the likely sum. We’ll also assess who may be liable, such as property owners or builders.
• Investigation – We can develop a solid evidence-based case by reviewing medical records, surveillance footage, incident reports, and eyewitness statements. Additionally, we’ll work with experts on deck collapses to receive an impartial, professional opinion.
• Negotiation – The relevant insurance company wants to ensure an injured person doesn’t receive fair compensation, and they’ll use a variety of tactics to pass the blame. Our experienced attorneys know their methods and will use our evidence to push for the highest compensation possible.
• Trial Representation – In some cases, we cannot reach a satisfactory agreement with the relevant insurer. If that occurs, we will take the case to trial, presenting our evidence about the deck collapse accident to a judge and jury. 

Damages Available for Deck Collapse Injury Claims

We’ll help you recover compensation for your injuries, including economic and non-economic damages.

Economic damages cover the financial losses from the accident, such as:

• Medical bills
• Future medical expenses
• Out-of-pocket expenses like physical therapy
• Lost wages
• Loss of future earning potential
• Property damage
• Burial expenses in the case of wrongful death

Non-economic damages consider the impact the deck or balcony accident has had on your life, such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disability
• Disfigurement
• Inconvenience
• Loss of companionship

The Value of Your Deck Collapse Lawsuit

The compensation you may receive for these accidents depends on various factors. First is the severity of your injuries. Those who are permanently disabled or disfigured will receive more than someone who can make a full recovery. Wrongful death cases often receive more.

The amount of time you were off work to recover will influence how much you may receive. Those who were seriously injured and took significant time off work or could no longer return to their job may receive more.

Finally, the amount of insurance coverage available is a key factor in how much compensation you can receive. Without insurance, we would pursue a case against the person directly, which may lead to a smaller settlement.

You Have Limited Time to File a Deck Collapse Claim

The statute of limitations varies depending on jurisdiction. The statute of limitations for personal injury claims varies by state, but typically ranges from one to six years after the accident. Missing the deadline usually results in the case being dismissed, which could leave the injured person without compensation. 

Our team is familiar with the relevant statutes and will ensure we file in a timely manner based on state law.

Contact a Deck Collapse Attorney Today!

Contact us online or call us 24/7 at (888) 424-5757. 

References: [1] TnT Builders, [2] North American Deck and Railing Association, [3] TimberTech, [4] BuildTuff, [5] Fortress Building Products, [6] Angi