21 Aug Balcony Collapses, Falls and Defective Railing
Have you been injured in a fall from a balcony? Wondering who is liable for such an accident?
Balcony accidents are generally uncommon, but can easily result in catastrophic injuries or even wrongful death.
It’s estimated that there are close to 50 million wooden decks and balconies in the United States, most of which are over 25 years old. These pose a risk to the general public, making balcony accidents all the more likely.
These types of accidents happen due to a number of reasons such as:
- Structural weaknesses;
- Improper maintenance;
- Flouting of building laws with regard to balconies and railing height;
- Poorly constructed material;
- Improper use;
- Inadequate warnings.
Balcony Injuries and Premises Liability
If you live in a rental property, it is the responsibility of the property owner to ensure that things such as the balcony and guard railings are maintained on a regular basis. Depending on the quality of material used, balcony railings may start to degenerate due to weather and use after a couple of years. If left unattended, this degeneration may lead to cracks, rust formation and weakness in the overall integrity of the balcony. If you get injured as a result of a poorly maintained balcony in an apartment complex, you may be eligible to sue your landlord under a premises liability claim. This also applies if one sustains injuries or is killed in a fall from a hotel balcony. You may consider consulting a landlord attorney for more information.
Product Liability and Balcony Injuries
Manufacturers are supposed to follow industry regulations when building balconies and/or railings. However, some manufacturers flout these regulations in the interest of cutting costs. Poorly made balcony parts can fail, causing catastrophic injuries such as traumatic head injuries, broken bones, spinal injuries, paralysis and even death. If proof exists showing that the balcony in your incident did not meet industry regulations and/or requirements, you may be eligible to sue the manufacturer or builder under what is called a product liability claim.
We Can Help
If you or someone you know was injured in a balcony fall, you may be able to recover damages through a claim or lawsuit. Don’t let them profit from their negligence. Contact a lawyer today to discuss the facts of your case for no cost.
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