Approximately 6,500 people have been injured in balcony accidents since 2003, with just 29 deaths being reported. This number includes the six students in Berkley, California who recently died from multiple blunt injuries in a collapsing balcony incident. The landlord who owns the property is being held responsible for the balcony being in a dangerous condition.
When water seeps into crevices of timber porches and balconies, fungus grows on the wood causing it to decay and weaken over time. This often results in the anchor and structure points of the porch or balcony becoming weaker and can lead to the balcony collapsing if it is bearing too much weight.
For the balcony that collapsed in Berkley recently, design and construction flaws were identified, including the presence of dry rot, which allegedly led to the snapping off of the fifth-floor balcony. This accident may have been avoided if the balcony had been designed and constructed to seal out any water.
Property owners can avoid such events and resulting lawsuits by enforcing annual inspections on all balconies and porches to ensure that they meet safety standards and that their tenants are not at risk of injury.
Product and Premises Liability Claims
Consumers put their faith and trust in manufacturing companies when they purchase a product, whether it’s a toy, car, or house. When the product becomes defective because of a design or construction flaw and causes injuries, or even death, we can’t help but feel angry and upset because someone else’s negligence has now caused us pain and suffering.
Product liability can be established in three ways:
- Negligence – a person or company’s failure to act responsibly to protect the safety of another person
- Strict liability – the injured party needs to prove that the product was dangerous for its intended use
- Breach of Contract – violating the terms of a product contract, guarantee or label information
We Can Help
It’s important to know that if you or someone you know has suffered injuries from a defective product, you may have a product liability lawsuit on your hands and you could be entitled to a financial settlement.
Our attorneys at Bertoldo Carter Smith & Cullen specialize in product liability and we have assisted many clients in receiving the compensation they deserve to pay for medical bills, lost wages and pain and suffering.
To learn more about product liability lawsuits and how we can help, contact us today on (702) 505-8115 to schedule your free initial consultation.