CHaving a porch, deck, or balcony collapse from underneath you can be a traumatic experience in itself; however, that is not taking into account the physical and financial damages these incidents can inflict as well. If a porch breaks under you, you could be left to face the significant burden of the damages. Fortunately, if the porch or balcony was poorly built or used with defective or faulty materials, you can hire an attorney to help you sue for the collapsing balcony or porch. When filing a collapsing porch or deck injury lawsuit, it is crucial that you hire an attorney that is experienced in cases of this nature. At Normandie Law Firm our Los Angeles collapsing porch and deck accident attorneys can help guide you through the process of building your case, filing your claim, and reach a settlement that covers all of the damages this accident caused you or your loved ones. If you have any questions after reading this article, please feel free to reach out to our law offices for a free consultation from one of our experienced legal advisors.
Porch, Balcony, and Deck Collapse Accidents
When a balcony, deck, or porch collapses under someone, that person can be subject to any number of damages. These structures are intended to hold a significant amount of weight, and those who order these structures to be built expect a certain level of integrity and quality. These collapse accidents can occur at restaurants, your place of work, or even at your own home. When these accidents occur, a lawsuit can be filed against the party responsible for building the structure, or those who acquired the materials to build the structure. A lawsuit can also be filed against a property owner depending on the circumstances. When filing a suit for broken porch, deck or balcony, it is incredibly important that you can identify the injuries that you suffered. Being able to describe sufficiently, and prove the injuries sustained can make all the difference in the outcome of your case. While every one of these accidents can be vastly different from the next, certain injuries occur commonly amongst most porch collapse cases. Some of these common injuries include:
- Back and Neck Injuries: back and neck injuries can vary in severity from minor neck pain to severe damage such as dislocated spinal discs. In their more severe instances, back and neck injuries can prevent victims from returning to work and performing daily activities.
- Broken Bones: The force of falling through a broken porch, or falling from a broken balcony can be truly devastating, so much so that the force can break bones. Broken bones often take a long time to heal, especially injuries like a broken pelvis, ribcage, or even hip. These injuries could prevent a victim from returning to work and their previous state of life immediately.
- Head Injuries: The force of falling can cause severe head injuries that can result in prolonged seizures, and other life-threatening Traumatic Brain Injuries (TBIs). In some, more severe cases, victims can never fully recover their damages.
- Internal Injuries: Internal bleeding to organs like the bladder, liver, kidneys, pancreas, and spleen can be challenging to treat, and in some cases can result in a case of wrongful death
- Lacerations: Often caused by broken or splintering wood lacerations can be particularly painful and can leave massive scars that never heal entirely.
- Rib and Torso Injuries: The rib cage protects a multitude of the body’s vital organs, and when it breaks the whole system beneath is at risk of prolonged damage.
- Spinal Cord Injuries and Paralysis: The spinal cord is an incredibly sensitive part of the body and when damaged can lead to devastating nerve damage, and may result in paralysis.
Often these injuries can be proven through the medical records which detail the specific physical damages suffered. Other evidence that can be used to prove your case can include things like photographs of the broken structure, eyewitness testimonies of the incident, or video footage that details how the accident occurred. Regardless of the specifics of your accident, it is incredibly important that you seek legal consultation from an attorney experienced in collapsing porch, balcony, or deck cases. In these lawsuits, any number of individuals or parties could be held liable, and the process of navigating this legal mess can be difficult to do so alone. With a collapsing porch, deck, or balcony attorney you can better find a favorable outcome to your case.
Placing Liability & Filing Your Claim
When a deck, porch, or balcony collapses, it is often difficult at first to determine who is liable for the damages. Depending on where the accident occurred any number of parties could be involved. In some instances, the manufacturing company which produced the porch, deck, or balcony could be held liable for creating a faulty product. Unfortunately, the process of placing liability isn’t always so clear-cut. For example, if the accident occurred at your apartment complex, the apartment management company could be held liable; however, the managerial company could then deflect blame at the construction company who may have improperly constructed the porch, deck, or balcony. In this case, the construction company could be found liable for the damages. For this reason, if you experienced injury after a porch, deck, or balcony collapse it is in your best interest that you seek guidance from an attorney experienced in these cases as they can help you navigate the complicated legal process.
Under product liability law, if your structure collapse injury was caused by a defective product or faulty building materials, you could file a lawsuit against the manufacturing company. However, placing liability in cases of product liability can be somewhat tricky as any number of companies could have been responsible for bringing the case from a design team to the front of your home. For your reference we’ve included some of the forms of product defects that could be present in your case:
- Design Defects: These are the defects that can occur before the product is sent to the assembly line. The defects that occur in this stage of production are faults that make the product inherently dangerous. In most cases, these defects can lead to full-scale product recalls, and the company which organized the design of the product could be held liable for the damages.
- Manufacturing Defects: These defects typically occur on the assembly line of the product. They can range from minor mistakes along the manufacturing chain to reoccurring mistakes that can result in wide-spread recalls. In these instances, the manufacturing company could be deemed responsible for the damages.
- Marketing Defects: These defects occur during the marketing of a specific product. These defects include things like improper labeling, insufficient instructions, or inadequate safety warnings.
As mentioned previously, the manufacturing company may not be the only party involved in causing your damages. If a porch, deck, or balcony collapses as a result of the negligent building techniques of a construction company that construction company could be held liable for the damages. In these instances, you would need to use any previously gathered evidence to file a claim for negligence against the construction company. Every claim of negligence requires that the plaintiff, or injured party, not only prove the negligence of the defendant, but they must also prove that the defendant’s negligent actions directly led to their damages. Listed below are some of the critical components involved in filing a claim of negligence:
- Duty: The plaintiff (injured or damaged party) must be able to show that the defendant (the construction company) owed a legal obligation to the plaintiff under the particular circumstances of the case.
- Breach: The plaintiff must be able to show that the defendant breached said legal duty through specific actions or a failure to act appropriately
- Causation: The plaintiff must be able to show that the defendant’s actions or lack thereof caused the plaintiff’s injuries
- Damages: The plaintiff must be able to show that they endured some specific damages. This can usually be shown through the presentation of medical records, a loss of wages, or a loss of potential income.
A property owner, or homeowner management company could also be held liable for the damages of a porch, deck, or balcony collapse accident. For example, if the property owner or homeowner was aware of a fault or hazard posed by their deck, and did nothing to remedy the issue, then they could be found liable for the damages of a deck collapse case. Under the premises liability legal theory, property owners are expected to provide a reasonably safe and secure environment for their guests or tenants. If they fail to uphold this expectation, the property owner could face legal consequences. When filing a lawsuit under premises liability theory, you must be able to prove that the following was present in your case:
- There was a hazardous condition or potentially dangerous condition on the property, like a weakened wooden deck or balcony, which presented an unreasonable risk of harm.
- The property owner should have been aware of the dangerous condition
- The p property owner failed to either warn guests of a reasonable condition and did not take reasonable action to remedy the issue.
- The hazardous condition resulted in the injury of a tenant or patron.
Regardless of what party was responsible for the damages in your deck, porch, or balcony collapse case, it is critical that you follow the statute of limitations that are enforced in your state. The statute of limitations is the state-mandated period in which an injured party has to bring their case to court. If that injured party fails to file their claim within this designated period, their case will likely be thrown from the court. For example, if you suffered personal injury in the state of California, you have two years from the date of the accident to file your case. It is important to note that there are some exceptions to this ruling; however, the statute of limitations is strictly enforced in all states throughout the U.S.
How Normandie Law Firm Can Help
If you or a loved one have suffered injury after a porch, deck, balcony, or any other structure collapse you may be eligible to file a claim for significant monetary compensation. However, when filing a claim, it is in your best interest that you seek legal guidance from a collapsing structure attorney skilled in their field. At Normandie Law Firm our Los Angeles, collapsing porch, deck, and balcony attorneys are committed to ensuring all of our clients receive the resources they require to reach a favorable outcome to their case. If you file a claim with our law firm, you could find some if not all of the following damages compensable to you:
- All of you medical and hospitalization costs
- All of your future medical care and treatment
- A loss of income and loss of future earnings due to long-term recovery or permanent disability due to the accident
- Compensable economic damages include loss of property or damaged property.
- Compensable non-economic damages include emotional distress, trauma, PTSD resulting from the accident, pain and suffering and anxiety.
Victims of structure collapse accidents can contact our law offices to learn more about how to receive compensation for their injuries. While our law firm is based in Los Angeles, our attorneys also practice in Oakland, San Francisco, San Diego, Sacramento, Orange County, Riverside, Fresno, and throughout the state of California.
Free Second Opinions
Other attorneys will sign you up for their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
Zero Fee Guarantee-No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.
