Every year hundreds of individuals suffer severe injuries and death resulting from collapsing balconies and porches. All too often such collapses are wholly the result on negligent and wrongful actions of individuals charges with the proper care and upkeep of the property.
Common Causes of Balcony Collapse
Common causes of collapsing balconies can include, failure to properly construct the balcony, failure to provide for its proper and routine maintenance, overcrowding of the platform resulting in excess weight which cannot be supported by the structure, and failure to inspects for and replace loose joints and screws.
Common Injuries: Some of the most common injuries associated with falling and collapsing balconies include the following…
- Spinal cord injuries
- Traumatic brain injury
- Facial and bodily lacerations
- Broken bones and cracked ribs
- Ocular injuries resulting in the loss of eyesight
Wining Your Case – Premises Liability Cause of Action for a Collapsing Balcony or Porch
The vast majority or personal injury cases are predicated on a negligence cause of action which required the proving four significant elements. The elements are provide below.
1. The at fault party owes a duty to the injured party.
2. The at fault party was in breach of his/her duty to the injured party.
3. Causation – the breach of the duty was the foreseeable and “but-for” cause of action. “But-for” is states as “But for the action or inactions of the liable party the harm suffered by the victims would not have taken place”.
4. Injures – there are actual and presentable injuries suffered by the injured party.
Premises Liability Laws: Establishing Liability Against Property Owners and Operator:
Individual who lawfully enter the land of a property owners including building on the premises are owed a certain duty of care. The level of care is determined by the relationship of the property owner with the individual entering the property. Invitees, individual who enter a property for a business transaction (i.e. purchase of a product) are owed the highest duty of care and must be protected from any known and knowable harm on the property. More so property owners owe invitees a duty to properly and routinely inspect their property for harm and warn entrants of any potential harms on their property.
Compensation Available for Victims of Personal Injury
Victims of personal injury are entitled to compensation for all harms suffered. The specific types of injuries and damages compensable in personal injury causes of action include..
- All medical and hospitalization costs including past and future rehabilitation care.
- Economic damages – including damage to property, loss of income, and future loss of earnings potential.
- Non-economic damages – including pain and suffering, emotional trauma and mental anguish.
Attorney Consultation Available
If you have any further legal questions regarding liability and compensation for injuries caused by falling balconies feel free to contact our law offices tolls free. All legal consultations regarding your case are conducted free of charge.