Balconies are great architectural commodities that allow us to enjoy the sights of the outdoors from our very own home. Unfortunately, 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 of negligent and wrongful actions of individuals charged with the proper care and upkeep of the property. Whether it be from unverified contract workers or poor maintenance of the property, collapsed balconies can cause serious injury and even death.
When this happens and you are injured, you need to receive the proper medical treatment for your injuries, and contact an experienced law firm so that you can receive protection and compensation for your damages. Our skilled attorneys with experience in balcony and deck injury cases can help you receive fair compensation for your damages.
Common Causes of Balcony Collapse
Common causes of collapsing balconies can include failure to properly construct the balcony. This commonly happens when the property owner fails to contract verified and experienced contractors and the workers fail to meet safety protocols, take shortcuts, and outright have no experience building porches. Collapsed balconies are also the result of failure to provide for its proper and routine maintenance. Property owners and landlords have a duty of care to their inhabitants. Balconies deal with constant pressures and must be maintained to spot any cracks in the foundation of the balcony or porch. Perhaps the most common, however, is overcrowding of the platform (resulting in excess weight which cannot be supported by the structure). While this may be the fault of the tenant for allowing an excess of people, failure to inspect for and replace loose joints and screws may be the cause if the total weight is under the weight limit of how much the balcony can support.
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
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Winning Your Case – Premises Liability Cause of Action for a Collapsing Balcony or Porch
The vast majority of personal injury cases are predicated on a negligence cause of action which requires the proving of four significant elements. You can have a much easier time proving these points with the assistance of an expert lawyer experienced in balcony and deck injury cases. The elements are provided below.
1. The at-fault party owes a duty to the injured party.
2. The at-fault party was in breach of his or 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 stated as “But for the action or inactions of the liable party the harm suffered by the victims would not have taken place.”
4. Injuries – there are actual and presentable injuries suffered by the injured party.
Without the assistance of an accomplished attorney who has experience in balcony and deck injuries, you find it extremely difficult, it not impossible, to prove these elements in a court of law.
Premises Liability Laws: Establishing Liability Against Property Owners and Operators:
Individuals who lawfully enter the land of a property owner, including buildings 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, individuals 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. Moreso, 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.
If a property owner does not adequately warn an invitee of a danger, resulting in harm, he may be able to be sued for his responsibility. A top attorney with expertise in balcony and deck injury lawsuits can help.
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.
One of our experienced lawyers can help bring you the maximum compensation allowed under the law.
Attorney Consultation Available
We offer free legal consultation and a free second opinion to all clients. With our free legal consultation promise, you can come into our office or give us a call. An experienced attorney will always be there to listen to the details of your case and give your their legal opinion as to whether you have a case or not, as well as if they are willing to take your case due to the merits of your details. We understand that your pain and suffering is real, our complimentary legal consultation will give you the necessary information for you to make an educated choice on whether you wish to take legal action.
We also offer free second opinions for those who have already sought legal advice from other lawyers and are skeptical on their consult. It is unfortunate, but many attorneys will give you false information regarding your case in an effort to increase their fees. We find this practice reprehensible and unethical. Thus, we are here for you if you want an honest legal opinion regarding your case. It may turn out that your lawyer gave you false or incorrect information and so we may save you thousands, or even tens of thousands of dollars. Don’t wait to get the right legal advice, call us today and get the lawyers who will work for you.
Contact Normandie Law Firm today to speak to an experienced attorney who has adequate experience handling balcony and deck injury claims.
More Information Regarding Balcony Injuries and Property Liability
Falling From Balcony |Attorney for Property Owner Liability Lawsuits
