As victims of balcony collapses begin to seek compensation for injuries, there are more lawsuits being filed for negligence and construction defects against property owners or contractors. In some cases, the owners are aware of structural defects or maintenance problems, but still fail to act and maintain a safe balcony. This can be a problem if tenants are not informed about weight limits or structural weaknesses, and then have an accident when visitors congregate on the balcony.
Should Landlords on College Campuses Foresee Balconies Becoming Overloaded?
It can be a common occurrence on college campuses for fraternity houses, apartments and condos to be host to frequent student parties. The tenants are usually students as well, and may not be aware of any structural problems with balconies or terraces. Depending on the weather, it is predictable for students at a party to gather outside on a balcony, and often there are food and drink stations located there.
If a landlord rents to students, it is easily foreseeable that the student would host parties and that more than one or two visitors might gather on a balcony. For this reason, there is at least a duty to warn tenants of possible hazards, and the only sure way to avoid liability is to keep the balcony maintained and in line with local zoning and construction standards. Posting warning signs would also be prudent, so that invitees would also be on notice that there are specific limits to the number of people that a balcony could support.
California Fraternity House Balcony Collapse
A recent balcony collapse at a college fraternity house in California, caused one victim to suffer a broken pelvis as the balcony fell on top of her and pinned her under the debris. The lawsuit names the property management company as well as the owner as defendants, and claim that they knew of the structural weakness caused by rotting wood, but did nothing to correct the problem.
A comment by the property manager shows how some landlords fail to take responsibility for these types of hazards, saying: “…if the tenants knew the balcony was unsafe would they pile so many people on to it? “It appears like a clear misuse of the premise.” While this is may be true, it appears to be a clear attempt to avoid responsibility for maintenance. In other words, ‘they knew our rental properties were hazardous, so they needed to be more careful.’
A property owner cannot avoid liability by shifting the blame to a tenant if the owner was aware of defects before an accident. Regardless of whether a tenant knows of a safety problem (and in this case they repeatedly asked the owner to repair the balcony), the owner continues to have a duty to provide reasonably safe premises. Tenants should of course warn visitors or otherwise protect them from known hazards. In this case, the tenants were not named as defendants in the lawsuit since the victim did not think it was their fault.
In 2012, a balcony collapsed during a graduation party in Montgomery, Alabama, injuring eight people. A jury recently awarded the victims a total of almost $25 million for their injuries, underscoring the need for property owners to understand the kind of liability that can result from this type of accident. In this case the owner was not even present or involved, but we assume he was the one held accountable.
The graduation party was being hosted at an apartment complex, and there were more than 50 people in attendance. It is estimated that there were 30 to 40 people on the balcony at the time of the collapse. The owner of the apartment had let a friend use his house for the party, and had been informed only 12-15 people would be in attendance. Apparently, the group on the balcony had gathered in one spot (maybe around a food or drink station), which overloaded the support structure for the balcony.
Damages Awarded to Four Victims
The only eight people of the large group on the balcony fell 12 feet to the ground, and several suffered broken legs from the impact. One victim required extensive hospitalization and rehabilitation for his injuries. $250,000 of the damage award was punitive damages, but there is no disclosure of who was found liable for the accident. One can assume that the homeowner’s insurance will cover the claim depending on the policy limits in place.
The nearly $25 million in damages was awarded to the victims by a jury in a circuit court trial and the award was allocated among only four victims as follows:
It appears that only victims with significant injuries were compensated by the award, and the amounts depended on the extent of those injuries and their effect on the individual. In cases, like this damage awards can be formulated based on several types of costs:
As in this case, a jury can also award punitive damages to punish the defendant for their lack of care and failure to prevent the accident. The punitive damages seem insignificant in this case given the other damage amounts awarded. However, the jury appears to have been sympathetic to the victims based on the amounts awarded for their injuries, although it is hard to know the exact formula used to arrive at the award.
In any event, it is interesting to see that a balcony collapse case can bring such significant compensation even when the group of people easily exceeded any reasonable estimate of the balcony’s load capacity. Nonetheless, in cases like this, a property owner’s failure to monitor the situation or provide adequate warnings can lead to liability. A balcony that is overloaded presents a clear danger to anyone present, and it is the owner’s duty to make efforts to anticipate and prevent any type of collapse that would injure visitors to their property.
The collapse of balconies that cause injuries are not solely a problem in the United States, as several recent incidents reveal. Although personal injury and liability laws vary between countries, the issues of responsibility and causation are the same.
Recent International Balcony Collapse Stories
In Australia, a balcony on a home collapsed and fell 15 feet, trapping victims under the debris. One of the women involved had her arm severed by the collapse. Although the exact cause is unknown the incident occurred during Christmas holidays, and an Australian official noted that the most balcony collapses happen during holiday periods when families and friends gather together on unstable structures.
Last year in London, two people were killed and six injured in a balcony collapse that happened under unusual circumstances. Two men had been delivering sofas to a building under renovation, and apparently the weight of the sofas on the railing of the balcony caused it to collapse. They were trying to hoist the sofas over the balcony railing with ropes when the entire structure gave way.
In Canada, a balcony collapsed during a house party, sending six people to the hospital. The balcony was part of an addition to a home that was designed to convert it into two apartments. Photos of the building show the balcony as an awkward appendage at the top of the building, with shaky support beams. At the time of construction even neighbors complained about it, and observed that it appeared unsafe.
In Scotland, both a second and third floor balcony collapsed at the same time, injuring 15 people attending a party. The party took place on the second floor balcony, which was somehow attached to the third floor balcony. When the second floor balcony collapsed under the weight of the crowd, it brought the third floor balcony crashing down on top of them. This is clearly an instance of poor design when two balconies support systems are so interconnected that there is a simultaneous collapse.
Finally, back in London a landlord was fined over $50,000 for failure to maintain balconies on a property that he owned. Apparently, the owner had known of the weak and defective balcony for five years prior to the accident, but failed to make any repairs to correct the situation. This incident underscores how building owners can neglect balconies as potential safety hazards, and can be reluctant to spend the money to repair the hazardous structures.
In all of these cases, there was a combination of poor design or maintenance along with failure to take responsibility for safety by owners or tenants of buildings. Even if a tenant invites too many guests on to a balcony, they have some fault for failing to recognize the safety issue. Local laws on personal injury and liability vary, but almost every country has some type of regulation and building codes that must be adhered to for the purpose of public safety.
In a bizarre twist to the tradition of taking family photos during holidays and gatherings, family members in Kentucky recently suffered multiple injuries when a balcony and stairway collapsed during the photo shoot. There were 20 members of the family on a wooden stairway when under their combined weight it collapsed, bringing their Christmas Day photo to a swift conclusion.
Two Separate Christmas Day Photo Accidents
The top of the stairway was about 20 feet off the ground; so a few family members had a long fall. Six family members were taken to the hospital with fractures and broken bones, but no serious injuries. The family intends to keep taking the Christmas photo, but probably in a safer location. This rather innocuous tradition can carry hazards if people don’t think about the stability of a structure before assembling a small crowd.
This is not the only Christmas day photo to be reported that resulted in an accident. A similar incident occurred in Indiana when a family of 25 crowded onto a deck and it collapsed under them. Broken bones and neck fractures were the result, and the family ended up filing a lawsuit against the company that built the deck.
Who Is At Fault When A Balcony is Overloaded?
The question of liability in these unusual cases is similar to other balcony collapses. While the companies that build or design balconies have a duty to do so safely, there is also a limit to how much weight a structure can bear. People who have large parties on balconies, or in these cases assemble the entire family at once, have some responsibility for use of common sense.
For property owners or balcony construction companies, the use of warning signs and weight limits seems like the only way to avoid a lawsuit for unsafe or poor construction. The combined weight of 20 or more people can total almost 2 tons, and few balconies are constructed to hold that type of weight load. Nonetheless, liability law requires that users be informed about possible hazards or weight limits, since it is easy to claim that a balcony ‘should have been strong enough’. For this reason, any balcony or stairway that could accommodate many people should have warning signs clearly visible to make sure that those present are aware that they are on a structure with clear weight limits.
In some balcony collapses, the property owner or builder fails to maintain or construct a safe structure, and in those cases liability is warranted as a means to compensate victims for the negligent oversight. There are instances where a lawsuit has encouraged other property owners to review their own balconies for safety, and in this way may help to prevent more injuries. This is one example of how the personal injury lawsuit can provide an important economic and social role, and gives property owners some incentive to maintain a safe premises. Without the threat of liability, every decision might be made based on cutting costs regardless of the financial or medical expenses borne by victims of the unsafe balcony.
The worst structural collapse in the United States occurred in 1981, unsurpassed until the World Trade Center fell in 2001. The accident happened at the Hyatt Hotel in Kansas City when two walkways above the hotel atrium fell without warning. There were people standing on both walkways as well as a crowd below, all watching a dance competition. 114 people were killed in the collapse, many of them crushed under the debris from the walkways.
A further complication developed as the hotel’s fire sprinkler system was triggered, flooding the atrium with water. Many victims were in danger of drowning in the rising water as they waited for rescue.
Design Defect in Construction Found to Be the Cause
The investigation of the accident uncovered the fact that the support beams and tie rods for the walkways had a design defect that made them incapable of bearing the weight load of the walkways. Added to this was the weight of 20-40 spectators and that is when disaster struck. The design defect was complex, but essentially was part of a new design that had been submitted by the engineer and resulted in a much weaker support structure. The new design doubled the amount of weight that would be distributed on the support beams, and those plans were not adequately reviewed before construction began.
The resulting legal actions were directed at the engineers involved, and all of them lost their licenses. In addition, numerous lawsuits were filed based on the negligent actions of the engineers, with $140 million dollars in damage awards and settlements to victims. The presence of the design defect and the change of designs made the negligence claims easy to prove, and few defenses were available to mitigate the damages. However, no criminal charges were filed against any parties.
Structural collapses of all types often involve the same factors:
The confluence of these factors can lead to an unexpected collapse, often during a social gathering that injures many people. It is rare that a balcony, walkway or porch just collapses on its own with no people around. Because of this fact, property owners have a duty to anticipate that structures may be subject to heavy loads and that designs should account for this fact. To use a design based on one or two people on a structure is obviously inadequate.
The Hyatt Hotel accident led to a new awareness of the role of design and engineering in creating safe structures of all types. These standards are use industry wide, and when there are defects those can form the basis for establishing liability. Poor construction or cost-cutting can also be a factor, as well as the actions of those on the structure.
An Austin, Texas condominium was the site of another balcony collapse due to the excess weight placed on inadequate supports by a large group of partygoers. At the time of the collapse, about 30 people were gathered on the second floor balcony of the townhouse. Although the balcony was 400 square feet, it was not designed to hold that many people at once, and the metal supports were fastened in a way that made the balcony weak. The worst injuries were broken bones, but the incident underscored the very real hazard presented by poorly constructed balconies, especially when it comes to social events.
Balcony Collapses: The Party Hazard
When people think of all the dangers associated with all-night parties, the balcony is not at the top of the list. More common are drunken driving accidents, excess alcohol consumption, drug overdose and fights. But given the fact that so many balcony collapses happen during parties it seems that hosts should be more aware of the risk. The collapse in Austin happened at 4am in the morning, so it is safe to assume that there was some alcohol involved. The balcony is a favorite place to put a keg of beer or food, so people tend to congregate together and it is easy for a crowd to form.
At this point, the host of the party has some responsibility to warn people not to overload the balcony. If the host is just renting, they have no way of knowing whether the balcony meets building codes or was well constructed. Rarely will a landlord instruct a tenant on the number of people that a balcony will hold, or its weight limit. It is usually only after the fact that an inspection reveals a low weight limit or poor construction methods. In the case of the Austin accident, the other condominiums had smaller balconies and the one that collapsed seemed to have been customized. Even if it were an inviting place to gather, 30 people seems excessive for such a small space, especially if they are dancing or moving around a lot.
The Case for Liability: Who Is At Fault?
Most balconies are designed to accommodate a few people at a time, who just want to relax in the fresh air. It seems unfair to blame the contractor or owner of a property when the balcony is being used in a way that is outside its original purpose. The tenant or host of the condo also has a responsibility for the safety of guests.
Of course, any liability of the owner for an accident would hinge upon whether the owner could reasonably anticipate that a tenant would have a large group on the balcony. In a college town where parties are frequent, it is not too difficult to make a case that this type of danger is foreseeable. If so, then steps should have been taken to reinforce the balconies or at least provide adequate warning to tenants and guests. Without these steps, both the tenant and property owner could be held liable for damages.
In 2003, the deadliest balcony collapse in US history killed 13 people and injured 57 others. The collapse took place in Chicago, Illinois in an apartment building, and was responsible for raising awareness about the dangers of overcrowded or poorly maintained balconies in the city. The accident brought a new wave of balcony inspections in the city, and led to more stringent structural standards for balcony construction.
In this accident it was discovered that there were problems in the construction of the balcony, although the number of people on the balcony at the time of collapse was a major factor. There were about 50 people on the third floor balcony, all attending a party. Some reports said a few of the people were jumping up and down and shaking the balcony, until it broke free of the building.
The third floor balcony created a domino effect when it fell, taking down both the second and third floor balconies below. More than a hundred people were dragged down into the basement from the three balconies, where many of them were trapped under debris.
Poor Construction Contributes to Collapse and Invites Legal Actions
Although the balcony was overcrowded, there were several design and construction defects found during the investigation. The surface area of the balcony was too large and the support structure was flawed and weak, violating the city codes for construction.
As a result there was legal action brought by the city of Chicago against the owner of the apartment building and the contractor who built the balconies. Fines totaled over $100,000 from the city and the owner faced 27 separate lawsuits from victims of the accident. In addition to the lawsuits, the building was labeled uninhabitable until all balconies had been replaced with new metal structural supports.
Although the owner claimed overcrowding was the sole cause of the collapse, he took steps to reinforce the balconies of other similar buildings that he owned in Chicago. The building owner also put up notices prohibiting parties on the private balconies, presumably to limit his liability for future accidents.
Of course, the inspection of balconies in the city became a priority after the accident, and resulted in discovery of over 1000 similar defects in other buildings.
Chicago Balcony Collapse Becomes the Stage For Final Episode of ER
The collapse was so sensational that it formed the storyline for an episode of ER, which was set in Chicago. The show used this very real disaster to showcase the departure of one of the show’s top stars. The entry of this balcony collapse into the arena of pop culture probably did a lot to raise awareness around this type of accident, and how even well constructed balconies can collapse when too many people are gathered.
The number of people injured in balcony collapses in the US continues to grow, as this summary of recent collapses illustrates:
Who Is Responsible for Balcony Collapses?
In all of these cases it is unclear who is responsible for the collapse, or if there were too many people gathered on the balcony at one time. Although it seems the majority of balcony collapses occur at private homes or apartments, it can happen anywhere such as hotels, restaurants and storefronts. Injuries can occur to those on the balcony, or anyone standing below at the time of collapse.
When this type of accident results in injury, there is always the question of fault or liability. The law of premises liability pertains to accidents that happen as a result of unsafe conditions on the property. If those hazards, such as a defective or poorly maintained balcony, were to cause injury then the owner or tenant could be liable. If the property is new, then it is possible the construction or design was defective, in which case the developer or contractor could be found at fault.
Ways to Prevent Balcony Collapse Injuries
Even if the owner did not know of the danger, the fact that an accident occurred on their property brings the focus on their inspection and maintenance procedures. If they never inspected the balcony or simply ignored a state of disrepair, then the owner may be responsible. So, the easiest way to prevent this type of accident is a regular maintenance process.
Tenants also have a responsibility to protect their guests from harm. In cases where too many people are allowed on a balcony at a party, the tenant who permitted an unsafe gathering may be partially responsible. Owners should inform tenants of the maximum allowable number of people on a balcony, and insist that they not exceed the limit. These simple steps could prevent many balcony collapses, and protect innocent visitors from unnecessary injuries.
For those who still neglect proper construction techniques in deck-building, or regular inspections and maintenance, an unfortunate deck collapse in Dekalb County, Georgia illustrates the types of injuries that can occur from a deck collapse accident. As with this collapse on Bridgewater Trace in Stone Mountain, most deck collapses wait to happen until large numbers of guests are gathered together for a BBQ or other festive gathering. Our deck collapse injury lawyers point out that most of these accidents occur during holidays and on weekends.
And as in this accident, the nature of the event itself may add to potential injuries. When this deck collapsed inward as the deck separated from the house, one guest was struck on the head by a speaker from the sound system, and hot coals from the BBQ apparently caused fires that burned many of the guests with 2nd and 3rd degree burns. The 10 burn victims had to be hospitalized for their serious injuries. And during a deck collapse, debris can trap victims in the wreckage, meaning they can’t escape the fire.
Fractures, lacerations, torn soft tissues, internal organ traumas, and severe head injuries are also common outcomes when an elevated deck falls off a home. A news report quoted one witness as mentioning something about the deck not having support beams underneath. (www.wsbtv.com, 5/17/14) That this deck collapsed due to separation from the house may also indicate that it was improperly connected to the home, or that the connections were rotten or corroded.
If you’re invited to a gathering on a deck and you notice that the deck looks inadequately supported or maintained, you might be wise to stay off of it and out from under it. Many of the worst injuries in accidents involving collapse of an elevated deck happen to those who were under the deck at the time when the entire deck and its contents come crashing down upon them.
As Memorial day and the start of the summer outdoor gathering season begins, let his horrific deck collapse accident in Dekalb County serve as warning that you need to thoroughly inspect your deck and make any needed repairs before a serious accident occurs. The deck collapse injury lawyers at Denena and points emphasize that such accidents can saddle the homeowners, who might be injured themselves by the deck’s fall, with heavy financial liabilities for guests’ injuries.
Download our free guide to learn how to construct and maintain a safe deck.
On Sunday afternoon, an elevated backyard deck separated from a house in Evans Mills and sent the 7 people gathered there for a BBQ tumbling 10 feet to the ground. 5 of those people sustained injuries severe enough to send them to the hospital, though none of the injuries is reported to be life threatening. Yet we remind you that even non-life threatening injuries can be severe and lead to long recoveries. Such injuries might include a broken pelvis (a frequent injury in deck and balcony collapse falls), other broken limbs, head trauma, and serious lacerations and contusions.
Firefighters who responded to the Evans Mills deck collapse accident said that the wood of the deck had been so rotten and the deck’s connection to the house so old that they caused the deck to simply fall away from the house. (WWNY TV 7, 5/11/14) The deck collapse injury attorneys at Denena Points, PC wish the victims of the fall rapid and complete recoveries from their injuries.
A Reminder to Inspect Your Own Deck for Safety
Our experienced deck collapse injury attorneys note that the integrity and proper construction of a deck’s connection into the home is of primary importance to your safety and the safety of your guests. Without properly sized and anchored connecting hardware (which should be bolts and NOT nails), a strong ledger board, and proper flashing to seal the connection and prevent moisture seeping into the house, the deck and connecting parts of the home could rot, connecting hardware could pull out of the main structure, and the deck could suddenly separate from the home and drop. Just as it happened at Evans Mills.
Building inspectors caution that three main risks could turn your backyard deck into a dangerous collapse and liability issue waiting to happen:
Weather that rots or dries the wood rapidly or corrodes connecting hardware.
Old building codes that were less strict than those in use now.
Pine needles, leaves, and other debris that gets behind the ledger board and retains moisture leading to rot and loosening of the deck connection to the home.
The deck collapse injury attorneys at Denena Points, PC remind you to inspect your backyard deck at least once per year to locate safety issues before they become injury hazards. Look at the bolting of the deck to the home. Look for any rot or separation of the deck and its connections from the home. Check for cracked or splintered wood and for corroded hardware. Check the sturdiness of any deck rails and stairs. Deck rails that fall away while you’re relaxing and leaning on them can cause you to fall and lead to injuries or fatalities even when the deck itself does not give way.
To learn more about the dangers of deck collapse and how you could help prevent one, download our free report on balcony and deck safety from this web page.