A gazebo or pergola is an attractive addition to any outdoor space. They are used primarily for relaxation in places like back yards, public parks, and shopping centers. However, these structures are also popular at weddings and parties, as they provide a shaded area that can be easily built and taken down.
Unfortunately, the relative ease of constructing a gazebo or pergola is one of the reasons they can collapse. A pergola or gazebo can also collapse from wear and tear, especially if they’re made from wood. That’s why it’s essential to maintain these structures on a regular basis and fix any problems that can lead to an accident. If the structure collapses from a condition that the property owner knew about or should have known about, they may be liable in a lawsuit for monetary compensation. Other parties may be responsible for the victim’s injuries, but the average person is unaware of the laws that govern liability in a collapsing gazebo accident.
Have you or a loved one sustained injuries due to a collapsed gazebo or pergola? If so, call Normandie Law Firm as soon as you can to find out about your legal options. Our lawyers will take immediate action against the responsible parties and ensure that you are properly compensated for your losses.
Pergola – Gazebo Accident Locations
Due to their versatility, pergolas and gazebos can be used in a wide variety of outdoor settings. The difference between the two structures is that gazebos are stand-alone units with a closed roof and defined entryway. Pergolas, on the other hand, are typically made from open lattices, which are often laced with wood vines. They can be standalone structures, or built onto the side of a house or building. This creates a cozy and intimate atmosphere, which is why pergolas are often used at outdoor events.
Below are some of the most common locations where you will find gazebos and pergolas:
- Private home
- In a park
- At a party
- At a beach club
- Wedding venues
- Reception halls
- Shopping centers
Due to their popularity, property and business owners have a heightened duty of care to ensure the safety of a gazebo or pergola on their property. These structures are installed for the purpose of attracting people, so one has to assume that they will be filled with visitors at all times. Any compromise in the gazebo’s structural integrity must be addressed immediately. If the problem can’t be fixed right away, there should a clear warning sign to ward off visitors.
If you have been injured while staying inside or nearby one of these structures, contact our law firm and speak to a pergola collapse attorney.
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Injuries from a Gazebo or Pergola Collapse
A collapsing gazebo or pergola can result in devastating injuries for the people that are inside the structure. However, those standing nearby can be hit by falling debris, which can also cause significant damage. Below are some of the injuries that you can sustain from a defective pergola:
- Broken bones
- Concussion
- Traumatic brain injury
- Deep cuts
- Permanent scarring
- Damage to the eyes
- Hip fracture
- Internal bleeding
- Ruptured organs
- Spinal cord damage
- Paralysis
- Death
Even if your injuries don’t seem that serious, please get medical treatment right away. Some injuries are hidden beneath superficial ones and manifest days or weeks after the accident. These injuries may have been detected and taken care of had you sought immediate treatment. You may also need mental health counseling to deal with emotional trauma. Having a gazebo or pergola fall on top of you is incredibly traumatic, and it’s not unusual for victims to develop PTSD and other anxiety disorders.
Compensation may be available for these damages, which you can learn about during a free consultation with one of our attorneys.
Liability for a Collapsing Structure Accident
To file a lawsuit for a gazebo collapse accident, you must determine who is responsible for the condition that led to your injuries. This is called liability, and it’s essential to get this right in order to sue for the maximum amount of damages. In most cases, it’s the property owner who is liable if someone is injured from a pergola fall or collapse. However, you will need to show evidence of the following elements to sue the owner for monetary compensation:
- You had a legitimate reason to be on the premises, and as a result, you were owed a duty of care by the property owner.
- The owner breached their duty of care to you through an act of negligence, like creating a hazard or not taking care of a hazardous condition.
- Their negligence is the direct cause of your accident.
- You sustained compensable damages from your accident in the form of bodily injuries and/or property damage.
If you can prove all four elements, you have the foundation of a civil lawsuit against the owner. However, the burden of proof that’s needed to establish these factors is incredibly high. Obtaining evidence that will satisfy the courts requires the expertise of a personal injury attorney.
The lawyers of Normandie have the skill and experience to build a strong case for your damages. If you’d like to learn about the ways we can assist you, please give us a call at our office.
Third Party Liability for a Pergola – Gazebo Collapse
Pergolas and gazebos are usually installed by professional contractors, who also have a duty of care to ensure the structure’s safety. Sadly, some contractors take short cuts, use cheap materials, or hire inexperienced workers in the building of a gazebo or pergola. If the structure collapses due to their negligence, they may be sued for compensation by the injured victims.
The manufacturer is another entity that may be liable for gazebo collapses. Defective hardware, insufficient building materials, and problems during the manufacturing process are just some of the reasons a manufacturer can be sued in a gazebo or pergola accident lawsuit.
Both of these situations represent third party liability, which is a factor in many building and structural collapses. Depending on the circumstances of your accident, there may be multiple parties you can sue for monetary compensation. It’s essential to discuss the best possible legal strategy with an attorney, as third party liability cases are very difficult to prove. Our gazebo injury attorney can go over they details of your case and help you take action against all the responsible parties.
Monetary Compensation from a Collapsing Structure Lawsuit
There are many compensable damages that can result from a falling gazebo or pergola. A lawsuit against the liable entities can help you recover these damages, which can include:
- Medical expenses for surgery, medications, physical therapy, etc.
- Lost wages for missed time from work.
- Lost earning capacity if you’re unable to work due to your injuries
- Pain and suffering
- Emotional distress
- Property damage
- Attorney’s fees
- Punitive damages
It’s important to discuss each of these damages with an attorney. Victims generally assume that they can only recover economic losses, like medical bills and lost wages. But accidents – particularly ones involving collapsing structures – cause intense levels of PTSD and other emotional trauma. Compensation is necessary to cover the cost of therapy, medications, and other treatments to help manage these conditions.
Lawsuit for Wrongful Death Compensation
If you’ve lost a family member or loved one to a defective pergola or gazebo accident, you may have a claim for wrongful death compensation against the property or business owner. Through a wrongful death lawsuit, you may be able to receive:
- Medical expenses
- Funeral costs
- Loss of consortium
- Lost wages the decedent would have earned
- Lost benefits as a result of your loved one’s death
- Pain and suffering
- Legal fees
Many families are reluctant to pursue a lawsuit, but an unexpected death leaves behind various financial and emotional losses. Loved ones should not struggle to cover these losses when someone else’s negligence is the result of their suffering. What matters is recovering a fair and balanced settlement that can help you move forward with your life.
Speak to a Gazebo – Pergola Accident Injury Attorney
The idea of a roof, building, or some other structure falling down on you is a nightmarish situation. By their very nature, these accidents cause severe injuries, potentially for many people at a time. Owners and businesses must be held accountable when their negligence leads to a pergola or gazebo collapse. If you’ve had one of these structures fall on you and sustained injuries as a result, please speak to an attorney at your earliest convenience. You have legal rights as an injury victim, but it’s difficult for the average person to succeed in a case for monetary damages. Compensation may be available as well if your family member or loved one passed away due to their injuries from a collapsing structure.
We realize how worried you may be about your finances, which is why our lawyers work on contingency. You will never pay upfront when you retain one of our attorneys, even if your case goes to trial. Our Zero fee guarantee means the only way we get paid is if you get paid, since our fees are calculated into your settlement. And if we don’t win your case, you are not responsible for any of our legal fees.
If you’re ready to take action and recover the damages you’re entitled to, contact our office and schedule a consultation with one of our attorneys.