When a deck collapses, the property owner or anyone responsible for building, installing, maintaining, or repairing the deck could be liable. Identifying this party is a complex legal process. In some cases, liability could fall to more than one person or entity. Fortunately, a deck collapse accident attorney can investigate the collapse and consult relevant experts who can appropriately apportion liability.
Once they establish liability, your lawyer will build a strong case for financial compensation against the liable party. The financial awards from a settlement or court award can cover the costs of treating any injuries you suffer due to the collapse.
How Negligence Leads to Financial Liability
To hold the at-fault party responsible for a collapsed deck, you have to identify them and prove their negligence. This process calls for documenting its four elements, including:
- Duty of care—The at-fault party’s responsibility to build or maintain the deck safely, including maintenance and repair.
- Breach of duty—The at-fault party’s failure to meet their duty, including neglecting to care for the deck or warn you of potential dangers.
- Causation—The deck would not have collapsed but for the negligent party’s action or failure to take action.
- Damages—You deal with injuries and financial losses following the deck collapse.
The personal injury lawyer who handles your case can apply this standard of negligence to one or more of the following parties, such as:
- The property owner
- The contractor
- The manufacturer of the deck’s parts and components
- An inspector who deemed the balcony safe
Determining What Caused the Deck to Collapse
Your lawyer can consult engineers, contractors, and others who can examine the deck (when possible) and determine what caused the structure to fall. Possible causes can include:
- Flawed or faulty construction
- Flawed or faulty installation
- Inadequate structural support
- Faulty or damaged railings
- Damaged or inadequate connectors
- Wood rot or contamination
- Joist and foundation failure
It can take time to thoroughly investigate the cause of the collapse, so let your legal team handle this task. As such, they may have access to evidence and experts you might struggle to contact on your own.
Types of Evidence That Proves the At-Fault Party’s Liability
To bolster your case, your premises liability lawyer will collect proof of what led to the deck collapse, as well as the expenses you incurred as a result. This evidence can include:
- Witness statements from neighbors, passersby, and other injured parties
- Reports, including accident reconstruction, architects, and engineers
- Medical records and bills that prove the cause and costs of your injuries
- Employment and salary records that document the value of your lost wages
- Photos and videos of the scene, its aftermath, and your injuries
After suffering injuries in a deck collapse accident, you can focus on taking care of yourself or an injured loved one. In the meantime, your legal team will take care of the details of building your case.
For a free legal consultation, call 404-214-2001
Compensation You Can Recover After a Deck Collapse
A personal injury attorney can demand compensation for you or a loved one who was injured when a deck collapsed. Injured parties can include anyone on the deck, in the doorway, or in range of falling or flying debris from the collapse. Damages injured parties can recover may be:
- Past and future medical bills
- Past and future lost wages
- Property damage or total loss
- Disability or disfigurement
- Physical pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
If a deck collapse results in a loss of life, the decedent’s surviving family can recover damages for funeral costs, loss of income, and loss of support.
Your Right to Compensation Has a Time Limit
A premises liability lawsuit has a state-imposed filing deadline that will apply to your case. Called a statute of limitations, it determines how much time you have to file your lawsuit. Under O.C.G.A § 9-3-33, you typically have two years to sue the other party in Georgia. If you’re too late, then:
- The court will not allow you to file your lawsuit.
- Your lawsuit will be dismissed.
- The insurance company will stop all negotiations.
Filing your lawsuit on time is mandatory but can be complicated since the filing deadline can fluctuate. The best way to understand and meet the statute of limitations is to let a lawyer handle it for you and avoid the results of filing too late.
A Premises Liability Lawyer Can Support Your Compensation Request
You do not have to take on the daunting task of pursuing the at-fault party after being injured in a deck collapse. When you hire a lawyer to represent you, they will handle all the details of your case, including:
- Investigating all aspects of your accident
- Gathering physical evidence and documents
- Drafting and filing your insurance claim or lawsuit
- Handling all case-related communications
- Consulting subject matter and expert witnesses
- Locating and interviewing lay accident witnesses
- Representing you in court, if necessary
Your lawyer can handle the complexities of the negotiation process. They will field settlement offers and weigh their pros and cons. While you retain the right to make the final decision to accept or reject each offer, your lawyer will help you make a well-informed settlement decision.
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Get Help After a Deck Collapse
If you or someone you love was injured when a deck you were standing on collapsed, you could recover damages for your injuries and related expenses and losses. Our personal injury lawyer will prove the cause of the collapse and demand appropriate monetary recovery.
Find out how we can determine who is liable for a deck collapse by contacting Kaine Law today. The first call is free, and we don’t collect any fees unless we secure an award for you.
Call or text 404-214-2001 or complete a Free Case Evaluation form
