How to Ensure That You Will Receive Full Monetary Compensation For a Balcony Fall
Balcony railing failure lawsuits are a legal remedy for injury victims or the families of those who have lost their lives from a fall from a balcony due to an unsafe balcony railing.
This negligent care of an establishment, apartment, condominium, hotel, or office building puts unsuspecting visitors, tenant, and patrons at high risk for sustaining a severe injury or death.
A fall from a balcony can cause serious injuries, including death. The experienced Premises Liability Attorneys at Parker Waichman LLP know how traumatic these cases can be, and we want to help you and your family secure the compensation you deserve by law.
Parker Waichman LLP Has a National Reputation For Significant Jury Verdicts, Awards and Settlements in Complex Personal Injury Cases
In potentially complex cases like these, you need the effective legal representation on your side. With our decades of experience in personal injury litigation, our Plaintiff Personal injury Lawyers have the skill and knowledge necessary to obtain justice for you and your loved ones.
Parker Waichman LLP has secured near-unprecedented results for our clients, garnering more than $2 billion in settlement awards and verdicts.
In our national firm’s practice, we have earned the trust and respect of colleagues, judges, members of the community, and most importantly, clients. The attorneys and staff at Parker Waichman LLP know you are working with us during a trying time, and we will be by your side every step of the way.
Duty of Care in Premises Liability Cases
When you rent an apartment or condo or visit a hotel or other venue, you expect the balconies to be well maintained and safe. Indeed, building and business owners have a legal obligation to make sure structural aspects of their buildings, including balconies and balcony railings, are secure. In some cases, the property owners do not take proper precautions and leave guests and tenants at risk for severe injuries.
If you or a loved one suffered injury because of an unsafe balcony railing, contact our firm today to find out if you can file a claim for damages.
Contact Parker Waichman LLP today by filling out our online form or by calling 1-800-YOURLAWYER (1-800-968-7529) for your free consultation.
The Most Common Causes of Balcony Railing Falls
While these incidents occur in an instant, usually the true cause of the railing or balcony failure is the result of a cumulative problem.
Some of the most common causes of balcony railing accidents are:
- Loose or rusty screws and bolts – Throughout time and because of exposure to outdoor elements, the screws and bolts holding a railing together can rust or become loose. If even one of these fails, the railing becomes unstable. If someone leans on it or sets something against it, the railing can then fail altogether.
- Wear and tear – With normal traffic, weather, and objects leaning against balcony railings, the railings can wear down and lose some of their strength. Any weight on the railing can then cause it to give out.
- Rotten wood or rusted parts – With rain and snow, outdoor wooden railings can rot, and metal railings can rust. The corrosive process eventually affects the entire railing’s support, and it can collapse.
- Unsafe load bearing – Sometimes guests or tenants will put too much stress on a balcony or railing, and some building owners themselves put too much weight on them. If the strength of the balcony and railing has been compromised, this leaves the next tenants or guests at risk of an accident.
- Building code violations – Balconies and railings – both indoor and outdoor – must adhere to strict standards when they are built. These codes are in place for safety reasons, and a failure to obey them can result in an unsafe structure.
- Unsafe design – Too much decorative detail or a failure to consider weight and placement of railings can cause balcony railings to be dangerous. Unsafe design can also mean the railing is too short, or the railing spindles are too widely set, so people (particularly children) can fall over or fall through.
- Faulty construction – Cutting corners, using cheap materials, or rushing to meet a tight deadline result in unsafe end products. This faulty construction leaves people vulnerable to accidents when using the balcony.
- Improper maintenance – Building and business owners have a duty to perform regular maintenance on their balconies and railings to make sure they are still up to code and safe. If this goes undone, guests and tenants can end up paying the price.
- Failure to inspect – In order to carry out proper maintenance, all balconies and railings need to be regularly inspected. This is an incredibly important step, but unfortunately, some owners skip it, assuming everything is safe. Without an inspection, hazards go unnoticed and unresolved.
When any of the above occurs, people are at great risk of suffering a catastrophic injury or death. A fall from a second story or higher will result in devastating injuries that will require extensive medical care and a lower quality of life. In the worst cases, our law firm represents the family who has lost a loved one due to a fall caused by a balcony rail failure.
Injuries Sustained in a Balcony Railing “Break Away” Accident
When a balcony railing fails or a balcony gives out, people can be severely injured. Especially if the balcony is up several stories, a fall can cause devastating harm. In our practice litigating these cases, we have represented clients with numerous kinds of injuries from railing and balcony failures.
The most common injuries associated with these incidents include:
- Broken or fractured bones
- Traumatic Brain Damage or TBI
- Internal organ injuries, including internal bleeding
- Spinal injuries
- Neck injuries
- Head trauma
- Broken Back
- Broken Collar Bone
Property Owners Are Required By Law to Protect Guests
By law, apartments, condos, hotels, motels, concert halls, or any other building with balconies (indoor and outdoor) must take reasonable care to protect guests, tenants, and patrons from harm on those balconies. This includes a legal duty to inspect, maintain, and repair railings so as not to cause harm to people using them.
When owners of these buildings fail to do abide by state laws governing premises safety and faulty railings cause injury to people, our law firm can file a balcony railing failure lawsuit to recover monetary compensation for those injuries.
Am I Qualified to File a Balcony Railing Failure Lawsuit?
When we file a case on your behalf for injuries caused by a faulty balcony railing, we are generally going to bring a premises liability case or a basic negligence case against the owner. In a premises liability matter, we bring a lawsuit against the owner of a business or venue by proving the following:
- A dangerous condition existed on the premises;
- The business or building owner knew or should have known about the dangerous condition;
- The owner failed to take reasonable steps to cure the dangerous condition or warn about it; and
- The dangerous condition caused injury to a person.
This action and other actions of this nature will sound in basic negligence law. They involve presenting proof of the elements of negligence under state law, which include:
Duty of Care in Balcony Railing Failure Lawsuits
Duty means the obligation people have to use reasonable care. The law does not require business or building owners to anticipate completely unusual scenarios, but rather, foreseeable consequences of certain conditions. For instance, if a hotel has received complaints about a loose railing on the balcony of a particular room, the hotel can reasonably anticipate it might give way and cause someone harm. The hotel in that scenario has an obligation to take steps to correct the loose railing to prevent hotel guests from falling or otherwise injuring themselves.
Breach of Duty in Balcony Railing Failure Lawsuits
Breach means that someone failed to use the required reasonable care to prevent harm. To determine whether someone failed to use reasonable care, courts examine the potential for alternate action. The law focuses on what should have been done compared to what was done. If someone could have acted differently with minimal burden to himself, he has breached his duty to use reasonable care.
Establishing Damages in Balcony Railing Failure Lawsuits
Next, we have to prove that you were harmed, and that your harm was actually caused by the premises owner’s negligence. In the example above where a hotel owner knew about a faulty railing, we have to prove you were injured in some way, and your injury was caused by the failure to maintain the railing.
Causation in Balcony Railing Failure Lawsuits
As you can see, these cases take some time to adequately prepare, and the law also requires that they be filed within the appropriate period of time, as determined by state law. This is why it is so important to hire competent counsel to represent you.
Balcony Railing Case Statutes of Limitations
Statutes of limitations are imposed by all states to place time restraints on filing lawsuits. These limitations operate to completely bar a person’s claim if it is not filed in the appropriate amount of time within the appropriate court. States enact statutes of limitations to encourage people to act quickly after an injury because swifter action generally results in higher-quality evidence for trial. If plaintiffs act quickly following an accident, people’s memories will be stronger, and records and business documents will be readily available. States also do not want to place potential defendants in situations where they have to anticipate lawsuits forever. At some point, the potential for a claim needs to expire.
Every state sets its own individual statute of limitations on every type of legal claim, and they can vary greatly.
The time limitations also change if the plaintiff died from his or her injuries, so it is imperative to understand what type of claim you are going to pursue. Many factors go into calculating the statute of limitations on a person’s case, and failure to calculate the statute correctly can be extremely costly. The only way to definitively determine the correct statute of limitations on your potential claim is to work with a skilled lawyer. When we sign up a case at Parker Waichman, we immediately investigate to arrive at the appropriate statute of limitations and preserve all relevant evidence to make sure we have time to build the best possible case for you.
How Can a Premises Liability Injury Lawyer Help Me?
The attorneys at Parker Waichman LLP know your injuries have changed your life, and we are committed to helping you receive just compensation. When you file a claim for damages against the building or business owner responsible for the balcony or railing, you can recover for all of the ways you were injured. This includes claims for the following types of compensation:
- Past medical bills
- Future medical bills
- Lost wages (current and future)
- Mental and physical pain and suffering
- Punitive damages (if appropriate)
When you hire our law firm, we will do everything we can to maximize your recovery, including exploring all potentials for economic and noneconomic damages. You deserve to be compensated for the full extent of your injuries, and we will work tirelessly to make that happen.
How Can I Hold a Building Owner Liable?
Building and business owners have a legal duty to maintain the premises so as to prevent harm to tenants and guests. If they fail to do so, and someone is injured, our experienced legal team can bring a premises liability or negligence action against the owner on your behalf.
Why Choose Parker Waichman LLP For Your Balcony Accident Claim?
We know when you sign your case with us, you are placing your trust in us, and we take that very seriously. We work steadfastly to obtain results for you and ease the burden placed on you and your family by this devastating incident. Our attorneys are invested in people and are committed to helping victims of dangerous building conditions. Together, we can hold the responsible persons accountable for your injuries and help prevent the same from happening to others.
Contact Parker Waichman LLP For Your Free Consultation Today
You have legal rights, and we can help you protect them. Our experienced personal injury lawyers are ready to start the process of investigating your potential claim. If you were or a loved one was injured because of an unsafe balcony railing, contact our law firm today by filling out our online form or by calling 1-800-YOURLAWYER (1-800-968-7529) for a free consultation.
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