Deck Failure & Balcony Collapse
Premises Liability Lawyer Reviewing Cases for injured plaintiffs Nationwide
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The North American Deck and Railing Association compiles statistics on balcony collapses and deck failure injuries. The association says rates of injury due to deck failure, faulty railings and balcony collapses have been increasing in the last 10 years.
Between 2000 and 2008, there were at least 30 deaths resulting from balcony failures, defective railings and deck collapses. Reports note that the majority of people on collapsed balconies and failing decks are injured and sometimes killed.
Of the millions of balconies and decks in the United States, many are decades old, and in bad disrepair. Homeowners and landlords have a responsibility to protect residents and guests, and if a known dangerous balcony collapses or deck fails, victims may be able to file premises liability claims and deck failure lawsuits against those accountable.
Joe Lyon is a highly-rated premises liability attorney and product liability lawyer reviewing defective railings, deck failure lawsuits and balcony collapse accidents for plaintiffs nationwide.
Deck Failure Lawsuits & Building Product Defects
Landlords and homeowners can be held liable for injuries sustained in balcony collapses and failed deck accidents, as can construction firms and materials manufacturers. When a deck fails, railings fail or a balcony collapses, the material or the handiwork may be defective.
Hire an experienced premises liability attorney to investigate the root cause of an accident and to narrow down who may be at fault. The Lyon Firm works with building engineers and accident experts to identify defects or negligence in any given situation.
Homeowners and landlords, however, cannot look past their own responsibility to inspect their own balconies, railings or decks. Because of their hazardous nature, balconies and decks need to be maintained and inspected on a regular basis, particularly after winter or a heavy snow load. Building materials can weaken and wood can rot, compromising the entire structure and safety of the deck.
All railings should be constructed to prevent small children from falling through racks or openings. Stair configuration and step dimensions must also follow building code requirements. Handrails must be accessible.
Overloading Decks & Balcony Collapse
Many balcony collapse accident occur during parties when dozens of people are standing on a defective or overloaded structure. Recent deck and balcony accidents in Chicago and Berkeley show how serious the issue can be, and how overlooked the hazards can be.
Incorrectly installed railings are another common source of accidents, which have been known to give way when a person leans on them or applies pressure. If the height of the railing is below a person’s center of gravity, they risk a fall over the railing.
Many building codes require guards against open sided elevation drops, though many building codes are ignored. If a homeowner or landlord neglects to follow codes, they may be named a defendant in balcony collapse or Ohio deck failure lawsuits.
Landlords, deck builders and construction materials outfits should construct balconies and decks to building codes with proper materials, and deck owners must inspect and perform preventative maintenance and repairs to prevent injury.
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Why are these cases important?
Serious injuries and accidents often result through no fault of the injured party, yet the injured victim suffers from life altering physical, mental and financial losses. Such economic and human losses can have devastating financial consequences for individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.
Questions about Personal Injury Cases
Any kind of negligence by an individual or company that causes injury or harm can lead to filing a personal injury lawsuit. The amount a plaintiff is entitled to depends on several factors, particularly how egregious the act and how serious the injury.
Personal injury attorneys generally only will take cases on a confidential and contingency fee basis, which means your lawyer will only get paid if he or she is able to reach a settlement or positive verdict. The Lyon Firm will review your case for free and assess what compensation any plaintiff can expect through litigation.
Personal Injury cases can range from minor auto accidents to complex lawsuits filed against large corporations. The Lyon Firm has handled both with equal care. Severe injury requires legal action on occasion, no matter if the injury is the result of a vehicle accident, a dog bite, a boating accident, workplace injury, defective consumer products, medical malpractice, or toxic exposure.
Pre-Suit Investigation and Negotiations: Personal injury lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant medical records, accident reports, and interviews with available witnesses. Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases to prevent spoliation.
Filing a Lawsuit in Cincinnati: If pre-suit negotiations are unsuccessful, then a lawsuit must be filed to preserve the statute of limitations. Filing a lawsuit early in the process is often necessary to begin gathering evidence while the witnesses memories are fresh and documents remain available.
Proving Negligence, Causation and Damages: In addition to lay witness testimony and other documentary evidence, personal injury claims rely upon medical and scientific evidence to prove negligence, causation and damages. The chosen expert in a case must have a reliable and sound basis in science and in the facts of the case or his opinion may not be admissible under the rules of evidence.
Each state will vary. Under Ohio law, an injured party may recover damages related to medical expenses, lost wages, property damage, loss of enjoyment of life, past pain and suffering, future pain and suffering, and punitive damages. The numerical limits are as such:
- Non-Catastrophic Injury: The non-economic award is limited to $250,000 per plaintiff, or three times the economic loss, up to $350,000 per plaintiff. A maximum of $500,000 for each “occurrence.”
- Catastrophic Injury: No limits.
The Lyon Firm may be able to file injury claims and recover rightful compensation for clients for medical expenses, pain and suffering, lost earnings and long-term disability.
Joe Lyon is an experienced Cincinnati Personal Injury Lawyer. The Lyon Firm has over20 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Personal Injury lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.
Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.
Personal Injury Lawsuits
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Taking the first step doesn’t have to be complicated. In just a few minutes, you can share the basics of your case, and our team will guide you from there:
- It begins with a few simple questions about your situation.
- From there, a member of our legal team reviews your case.
- Together, we’ll chart the path forward, helping you take the next step toward resolution.
