Deck and Balcony Collapse Lawsuits – A Legal Guide

Deck or balcony collapses tend to result in extremely serious, oftentimes fatal, injuries. Victims or surviving family members may be able to bring a personal injury or wrongful death lawsuit against the property owner, property manager and/or the company that constructed the balcony.

Premises Liability

Under premises liability law, owners of the property are required to exercise reasonable care to:

• maintain the property;
• inspect it;
• repair any dangerous conditions; and/or
• give adequate warning of dangerous conditions.

When a deck or balcony collapses, it is very often the result of a failure of reasonable care on the part of the owner.

Personal Injury Lawsuits in Balcony Cases

A personal injury lawsuit may be appropriate when

• an owner of the property fails to care for a balcony properly;
• the balcony collapses as a result; and
• a person suffers injuries also as a result.

Our California personal injury attorneys discuss the following frequently asked questions about deck or balcony collapse lawsuits:

• 1. Why do balconies and decks collapse?
  • 1.1 Construction Defects
  • 1.2 Water Damage
  • 1.3 Overcrowding
  • 1.4 Failure of Routine Inspections
• 2. How often do these types of accidents occur?
  • 2.1 Examples of Collapses
• 3. Who is responsible for these kinds of accidents?
  • 3.1 What is premises liability law?
  • 3.2 What dangerous conditions do the property owner have to fix or warn others about?
  • 3.3 Who else may be responsible?
• 4. What if the building contractor is responsible for the collapse?
  • 4.1 How do I prove a building contractor is responsible for the accident?
• 5. What damages can I be awarded from my personal injury lawsuit?
  • 5.1 What are economic damages?
  • 5.2 What are non-economic damages?

1. Why do balconies and decks collapse?

Like any structure, decks and balconies sometimes fail. The reasons behind that failure can vary, but ultimately it is somebody’s responsibility to ensure that these areas are safe for people.

1.1 Construction Defects

When a deck is improperly constructed, it can collapse, causing serious injuries. Both decks and balconies are supported by cantilevers. A cantilever is:

• a long projecting beam or girder
• fixed at only one end
• that supports a structure.¹

When a cantilever fails, the structure is often unable to support the weight on top of it, leading to collapse.

Other construction issues could include but are not limited to:

• improper securing of beams to the underlying structure;
• failure of the base material under the deck or balcony;
• use of improper screws or nails;
• poor quality wood or metal or other construction materials;
• improper attachment to the house or office- of an apartment building; or
• other building code violations, sometimes that inspectors let slide due to secret settlements

1.2 Water Damage

Water damage can significantly affect these structures. Water can cause rot and “dry rot” which weakens the strength of boards. It can also cause the metal to rust. As metal rusts, it loses its structural integrity over time.

Water can also cause damage to the structures and beams that support decks and balconies. Without the necessary support, collapse is almost inevitable, and it will lead to serious injury or even death.

1.3 Overcrowding

Decks and especially balconies have weight limits. This means that if there are too many people on it, it will not be able to handle the weight and may collapse.

Businesses are especially required to know the limits their decks and balconies can sustain and ensure that safety is always observed. Failure to do so can lead to liability in a personal injury lawsuit.

1.4 Failure of Routine Inspections

Routine inspections are necessary to make sure these structures are safe. Whether this is at a person’s private residence or a business, the owner of the balcony or deck is responsible for the safety of others while on the balcony or deck.

2. How often do these types of accidents occur?

Multiple studies have shown that deck and porch collapses are a regular occurrence in the United States. Since 2003, deck collapses have caused thousands of injuries and many deaths throughout the country.² An estimated 6,500 people have been hospitalized as a result of these accidents and many injuries were fatal.³

While these kinds of accidents are less common than car accidents, they still happen all too frequently. When a person is injured as the result of a collapse, that person is entitled to sue for money damages.

2.1 Examples of Collapses

Berkley, CA Collapse

The deadly Berkeley balcony collapse in Berkley California led to the death of six people and serious injury to seven in June of 2015. There were allegations that inferior wood was used to construct it. A multi-million dollar settlement occurred as a result of the Berkeley balcony collapse lawsuit by the Greystar real estate property managers and BlackRock, which owned the Library Gardens apartment complex at 2020 Kittredge Street. The dead were Eoghan Culligan, Eimear Walsh, Niccolai Schuster, Olivia Burke, Lorcán Miller and Ashley Donohoe – of Rohnert Park and Ireland.

Injuries in San Francisco

A married couple in their 50’s were injured after a backyard balcony failed in the Outer Sunset District. There was evidence of significant dry rot that likely caused the accident.

Failure in Virginia Beach

First responders were called after a deck failed in Virginia Beach, VA. Sixteen people were on it when it collapsed from the second floor.

Accident in Hartford, Connecticut

Up to 20 people were on a balcony when it suddenly collapsed, toppling from the second floor of a three-family home. 15 people were taken to the hospital as a result. One of the victims was an infant along with other young children and adults.

3. Who is responsible for these kinds of accidents?

Knowing who is responsible for the accident is crucial in preparing for a personal injury lawsuit. Generally speaking, owners of the property have a duty to ensure that decks and balconies are structurally safe and will not cause injuries to their guests. Along with stucco lawsuits, these are one of the more common injury lawsuits involving private homes.

Landlord liability comes into play when a rental property has an unsafe deck. Contractors and builders are also responsible to build the deck or balcony in accordance with regulations and with safety in mind. If not, then they may also be held liable for any injuries that result from their negligence.

3.1 What is premises liability law?

In a premises liability lawsuit, the factual elements of the claim require you to prove that you were harmed because of the way the defendant managed the property.

Specifically, you must prove:

1. The defendant owned, leased, occupied, or controlled the property;
2. The defendant was negligent in the use or maintenance of the property;
3. You were harmed; and
4. The defendant’s negligence was a substantial factor in causing your harm.⁴

Example: April is staying at a resort, and there is a balcony attached to her room. As she is sitting eating her breakfast, watching the sunrise, she feels the floor beneath her give way, and she falls to the ground from the third floor. She is severely injured and is hospitalized for 3 months. April can file a lawsuit against the resort owner and anyone else responsible for the care of the balcony.

If you are injured on someone else’s property, you can generally sue the individual or company who

• owns,
• leases,
• occupies, or
• controls the property.

The party responsible does not need to be someone who

• owns,
• possesses, and
• controls the property.

Control alone is sufficient for liability.⁵

3.2 What dangerous conditions do the property owner have to fix or warn others about?

The property owner must use reasonable care to discover any unsafe conditions. Evidence of whether a property owner knew or should have known about the condition can be shown by:

• The obviousness of the hazard;
• Complaints about the dangerous conditions;
• Amount of time that the dangerous condition existed;
• Prior injuries caused by the dangerous condition; and
• Poor attempts to fix the hazard.

Whether a condition is “dangerous” depends on the facts of the case.

3.3 Who else may be responsible?

Other responsible parties include, but are not necessarily limited to:

• business owners;
• tenants of a property;
• construction company;
• inspection company;
• individuals who caused damage to the structure;
• homeowners; or
• landlords.

4. What if the building contractor is responsible for the collapse?

Improper construction is often the reason a deck or balcony fails. When this is the case:

• the injured person
• can file a personal injury lawsuit
• against the building contractor.

When these contractors or companies cut corners to save money, it is often the safety of others they are putting at risk.

4.1 How do I prove a building contractor is responsible for the accident?

Proving that the building contractor was responsible for the accident can be complex, but with experienced legal counsel, it is possible. The case can be proven by:

• presenting pictures of the shoddy workmanship to the jury;
• getting an expert report on the cause of the accident;
• calling an expert to testify as to the cause of the accident and why it was the contractor’s fault; and
• presenting argument and testimony of witnesses to the accident.

5. What damages can I be awarded from my personal injury lawsuit?

Compensatory damages include both economic and non-economic damages. Both can be awarded after a person has successfully proven a personal injury claim resulting from a deck or balcony collapse.

5.1 What are economic damages?

A person’s “economic damages” are those to which a dollar amount can easily be attached. They are intended to cover “out-of-pocket” amounts the injured person has actually spent or will be required to spend in the future.

Economic losses often include (but are not limited to):

• Medical bills;
• Property damage;
• Lost wages; and
• Lost earning capacity.

5.2 What are non-economic damages?

Non-economic damages are those that do not necessarily involve out-of-pocket expenses. They include more subjective losses, such as:

• Pain and suffering;
• Emotional distress;
• Physical impairment (such as loss of the use of a limb or organ);
• Disfigurement;
• Loss of consortium;
• Inconvenience; and
• Loss of life enjoyment.

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