On the Wisdom of Placing Cheap, Decorative Balconies on High Floors in Front of Functional Doors
The Grove apartments’ balcony collapse in Denton, TX has generated a few online comments to the effect of “it’s just common sense that you should know not to use those balconies.” (How should you know this? I wonder. That part does not receive explanation.)
On the contrary, “common sense” would tell you that if you have doors that open right onto a balcony, you’re supposed to use that balcony. You’re entitled to think that you can use that balcony without endangering your safety. I don’t see the apartment owners’ and managers’ claims that they intended the balconies to be purely decorative as any kind of defense for what happened at The Grove in the balcony collapse.
Even if The Grove had put large warning signs on each of the doors leading out onto the balconies, as long as those doors opened right onto the balconies, some students would still try to use them. That’s just human nature.
The companies designed, built, marketed, and rented The Grove apartments in Denton, TX specifically as student living spaces. I believe The Grove’s website said something about “fully loaded student living.” The companies knew what they were getting into. And Campus Crest, the parent company, has a long history of serving the student market in several states. Campus Crest no doubt possesses some familiarity with the hazards and behaviors involved in “fully loaded student living.”
The two corporate entities should have known just how dangerous it was to place flimsy, “purely decorative” balconies on high floors, in front of opening doors, and just above a hard, concrete landing. The Grove and Campus Crest should have known that students, who are very resourceful in making maximum use of space on a budget, would set foot upon those balconies at some point, if for no other reason than to set out a few potted plants. Or at the very least, lean out onto the rails to have a smoke or to get some fresh air.
And of course, the companies marketed the complex for “fully loaded” student living. “Fully loaded” students can’t be expected to read balcony warning signs, however large. After all, it’s difficult to read when you’re “fully loaded” and the room is spinning wildly. But let’s get real here and stop trying to blame the students for the balcony collapse.
The Grove and Campus Crest can’t believably maintain that the balconies were “purely decorative” and not intended for use. (I can’t really take exception to the managers’ statement that the balconies were “non-weight bearing” structures. That much became obvious when the balcony tore from the wall and collapsed to the ground.) If the balconies weren’t intended for use, they should not have been placed on high floors, in front of opening doors, and in an active student apartment complex. That’s just asking for accidents and serious injuries. Indeed, I would say that placing these balconies where and how they did would pass beyond the realm of standard negligence into the realm of knowing negligence.