Liability: Balcony and Railing Failures

When it comes to balconies and railings, safety is crucial. Unfortunately, there have been numerous incidents where these structures have failed, leading to serious injuries or even fatalities. If you or someone you know is injured, it is important to know what your legal rights are and how to be compensated for your injuries or wrongful death of a loved one with help from our Las Vegas premises liability attorney.

Where Can Balcony and Railing Failures Occur?

Balcony and railing failures can occur in various locations, including:

• Apartments
• Hotels
• Condominiums
• Airbnb rentals
• Restaurants
• Cruise ships
• Casinos
• Theaters
• Stadiums
• Over-the-road walkways
• Malls
• Shopping centers
• Offices

Why do balcony and railing failures occur?

Balcony and railing failures can occur for various reasons, such as:

• Poor construction or design: If the balcony or railing is not built correctly, it can lead to structural weaknesses that eventually cause failure.
• Lack of proper maintenance: Not inspecting and performing regular maintenance on balconies and railings can result in issues that could eventually cause them to fail.
• Overloading: Most balconies have weight limits for a reason. Exceeding those limits by adding excessive furniture, heavy objects, or too many people can overload the balcony and cause it to fail. 

Are Balcony Railings Safe?

Balcony railings are generally considered safe as long as they are installed correctly and are inspected and maintained regularly. Signage posted where people can see it is also important to make people aware of any weight limits or other safety issues. 

Who Is Liable for Structural Failures in Rented Properties?

Determining who is liable for structural failures in rented properties depends on several different factors. As such, there could be one or more of the following parties liable: 

• The property owner: The property owner has a duty of care to ensure their rental property is safe. If a structural failure occurs due to poor construction or improper maintenance, the owner may be held responsible for any resulting injuries or damages.
• The property manager or management company: Sometimes, property owners hire a property manager or management company to take care of the maintenance and upkeep of their rental property. The company may be held responsible if it fails to perform its duties and is negligent in maintaining the rental property’s safety. 
• Contractors: If third-party contractors were hired to perform maintenance or repairs and they failed to do so, and it caused a structural failure leading to an accident and injuries, they could be held liable.
• Maintenance employees: If the owner has their own maintenance employees who failed to inspect, repair, and maintain the property, they could be liable along with the property owner.
• The tenant: In some cases, structural failures are the fault of the tenant. For example, they exceed the weight limit on their balcony, causing it to fail.

When you are injured in a structural failure accident, it is important to consult a qualified landlord liability for tenant injury attorney familiar with state and local laws to determine who may be liable in your case.

Who Is Liable for Fall Injuries From a Balcony?

Liability for fall injuries from balconies could include:

• Property owners
• The property manager or management company
• Contractors
• Maintenance employees
• Negligent individuals

What Are Some Common Balcony Rail Failure Injuries?

Some common balcony rail failure injuries are:

• Broken bones
• Head trauma
• Spinal cord injuries
• Internal organ damage
• Bone fractures
• Sprains and strains
• Traumatic brain injuries
• Cuts and lacerations

Balcony and Railing Failure Statistics

In 2021, the World Health Organization (WHO) reported that there were an estimated 684,000 fatal falls annually worldwide, making falls the second most common cause of unintentional deaths. There were also about 37.3 million falls with severe injuries globally requiring medical treatment. In the United States, around 5,600 falls were from balcony and railing structural failures in 2019. 

What Should I Do if I Am Injured?

If you are injured in a balcony or railing failure accident, it is important to seek medical attention immediately. Even if your injuries seem minor, they could become worse later. Other important steps to take include:

• Document the accident scene: If possible, take pictures and videos of where you were injured, showing the balcony or railing failure.
• Obtain the contact details of witnesses: You should attempt to get the contact details for any witnesses. They may also have pictures and videos that could benefit your injury claim.
• File an accident report: Contact the property owner, management company, or other authorized person to file an accident report. Be careful to only stick to the facts and do not admit fault. 
• Contact a personal injury attorney: Filing an injury claim can be a complex process and involves dealing with the responsible party, their insurance company, insurance adjusters, and others who will want to minimize your damages or even attempt to get you to admit partial fault. Having assistance from a hospitality and apartment injury attorney ensures your rights are protected.   

When Should I Contact a Las Vegas Premises Liability Attorney?

It is advisable to contact a Las Vegas premises liability attorney as soon as possible after the incident. Consulting with an attorney early on can help ensure your rights are protected and maximize your chances of obtaining fair compensation for your balcony collapse injury claim.

Why Is It Beneficial To Get Help From a Premises Liability Attorney?

It is beneficial to get help from a premises liability attorney for several reasons, including:

• You sustained serious injuries, or a loved one died: Serious injury and wrongful death claims can involve significant damages, complex legal issues, and long-term consequences you may not be aware of that could prevent you from receiving fair compensation. An attorney ensures you receive maximum compensation.
• The responsible party is disputing liability: Sometimes, the property owner will dispute being negligent and accountable for the accident and resulting injuries. An attorney ensures you have the legal representation you need to fight their dispute. 
• Insurance companies have their own lawyers to minimize or even deny your claim: Insurance companies are in business to earn a profit, not to pay out injury claims. They have lawyers they consult on what tactics they can use and how they can use what you say against you to only pay out a small amount, deny your claim, or use delay tactics. Having legal representation evens the playing field to protect your right to seek maximum damages.
• You have time to heal or grieve: Instead of having to deal with the added stress of legal issues, negotiating a settlement, or worrying about litigation, you can focus on healing or grieving the loss of your loved one.

How Much Is My Balcony and Rail Failure Case Worth?

It depends on the individual circumstances of each case as well as the extent of injuries. In cases of wrongful death, the amounts can be significantly higher. For example, on December 14, 2014, Jack Lipp died after the railing on a balcony broke and he fell. His parents initiated a lawsuit against the responsible parties. 

They, along with their lawyer, eventually reached a  settlement for $5 million for the wrongful death of their son. However, this is just one example, and it is important to remember that the only way to determine your case’s value is by speaking with a property and apartment injury attorney.

Protect Your Legal Rights After a Balcony Rail Failure Injury

Get the legal help you need to protect your rights after a balcony rail failure injury from Adam S. Kutner, Injury Attorneys. Our premises liability and hotel injury attorney fights tirelessly to ensure you receive the compensation you are entitled to for your injuries. Our legal team is here to provide the support, guidance, and legal representation you need.