Extremely catastrophic, even deadly injuries are frequently the consequence of balcony accident. The property owner, property management, and/or the business that built the balcony may be held liable in a personal injury or wrongful death case brought by the victims or their surviving family members.
Building Liability
According to premises liability law, property owners must take reasonable precautions to:
- Examine the property periodically
- Make any necessary repairs
- Provide sufficient warning of hazardous situations
The owner’s failure to exercise reasonable care is frequently to blame when a deck or balcony falls.
Why Do Decks and Balconies Collapse?
Like any building, balconies and decks can occasionally fail. Whatever the underlying causes of such failure, it is ultimately someone’s duty to make sure that these places are secure for people.
Errors in Construction
A poorly built deck has the risk of collapsing and inflicting severe injury. Cantilevers are used to support decks and balconies. Cantilevers are long, extending beam or girder that is fastened at just one end and supports a building.
When a foundation of a building fails, the building frequently collapses because it is unable to hold the weight on top of it.
The Following Issues with the Construction Might also Exist:
- Incorrect use of screws or nails
- Inadequate base support under a deck or balcony
- Poor anchoring of beams to the underlying structure
- Inferior metal, wood, or other building materials
- Illegal attachment to the home or office of an apartment complex
- Other infractions of the building code that occasionally inspectors overlook because of covert agreements
Water Damage
These constructions are susceptible to severe water damage. Water can result in “dry rot” and rot, which reduces the strength of boards. The metal may rust as a result. Over time, a metal that rusts start to lose its structural integrity.
The framework and beams that support decks and balconies can potentially sustain damage from water. Failure to provide the required support will almost certainly result in collapse, which will cause severe harm or perhaps death.
Overpopulation
There are weight restrictions on decks, especially balconies. The consequence of this is that if there are too many people on it, it won’t be able to support the weight and might fall.
Particularly in the case of commercial buildings, it is important to be aware of the limitations that decks and balconies can resist and to constantly ensure that safety precautions are taken. Liability in a personal injury claim may result from failure to take such action.
Inadequate Regular Inspections
To ensure that these buildings are secure, frequent examinations are required. Whether at a business or a private home, the proprietor of the balcony or deck is responsible for making sure that other people are secure while using it.
Who is Accountable for These Kinds of Mishaps?
To properly prepare for a personal injury case, it is imperative to identify the accident’s cause. In general, it is the responsibility of property owners to make sure that decks and balconies are structurally sound and won’t injure visitors. These are among the most frequent damage cases involving private residences, along with stucco lawsuits.
When a rental home has a dangerous deck, the landlord is liable. Additionally, contractors and builders must construct the deck or balcony safely and in line with the law. If not, they can also be liable for any damage that results from their negligence.
Contact a Los Angeles Attorney Today for Balcony Accident
Has a balcony accident caused an unjust death of a loved one? Please do not hesitate to contact us at the Kaass Law for a consultation if you have any concerns with deck or balcony collapse lawsuits, wrongful death, or to confidentially discuss your case with one of our knowledgeable California personal injury attorneys.
Please click this link to visit our other practices.