Structural Engineer Frank Woeste, P.E., Ph.D., a professor of Engineering at Virginia Tech, maintains that most U.S. decks and porches can’t support the weight load that building codes say that they should support. His assertion is well founded. He spent an extensive amount of time inspecting and reviewing all sorts of decks and porches for his new Manual for the Inspection of Residential Wood Decks and Balconies. He said that when the team of authors of the Manual went out to research decks and porches, they did not find even a single one that was completely code compliant.
Our deck and balcony collapse attorneys note that the International Building Code, upon which most local building codes are based, requires that a deck, porch, or balcony be able to support a live load of 40 psf (pounds per square foot). This is in addition to the “dead load” the structure must bear. The dead load is the weight of the structure itself.
Frank Woeste, in a discussion of a fatal porch collapse in Chicago that killed 13 partygoers on June 29, 2011, seemed frustrated with the media’s repeated coverage of a Chicago Fire Commissioner’s statement that put the blame on overcrowding. At the time of the fatal porch collapse in Chicago, no more than 30 people were on the porch. The actual number probably stood at fewer than that.
There were about 70 partygoers spread across all three levels of the building, inside and outside, and the connecting stairways. Most of the killed and injured partygoers were underneath the deck when it fell on the 1st and 2nd floors.
Frank Woeste says that the math clearly reveals that a code compliant deck should have supported the weight of the people that occupied it. In fact, the 12′ x 20′ porch should have safely supported 60 people if it was fully code compliant. This is based on:
He said the erroneous media focus on “overcrowding” in the fatal porch collapse in Chicago could give other deck and porch owners a false sense of security about the strength and reliability of their own decks.
Injured victims of the fatal porch collapse in Chicago and the surviving family members of those killed in the fatal porch collapse have sued the City of Chicago in addition to the building owner. Their deck and balcony collapse attorneys focus attention on inadequately sized joists. They say that the City did not do its job in inspecting properties and making sure that they were safe for use. And an after the fact inspection by the City on 700 decks and porches resulted in citations for at least 545 of them, and outright condemnation of 70 others.
Frank Woeste says that some basic math can help you build safer decks and porches. He says that some fairly simple math can easily guide you in joist size and spacing, but that you should be sure not to overlook the ledger attachment. Most deck and porch collapses result from failure of connections at the ledger board attachment. Post stability is another important consideration, especially for taller structures.
Our experienced deck and balcony collapse attorneys could help you obtain fair financial recompense for your expenses and your pain and suffering after you’ve been injured or you’ve lost a loved one in a structural collapse. But your advance inspection and repair could possibly help you avoid a disastrous deck collapse altogether. Build safe.
Accounts of the spectacular, bur fortunately fairly harmless, theater ceiling collapse indicate that the stage ceiling cave in did not affect the adjacent audience area ceiling. Reports also state that heavy stage lighting equipment remained secured above while the plaster and drywall ceiling collapsed in a dusty heap of debris. And there was no effect on the corresponding roof area. This would indicate that the bones of the Denver Oriental Theater structure are themselves structurally sound, and that the damage remained confined to the stage ceiling only (and perhaps the area of stage it collapsed upon).
Reports indicate that 3 inches of stucco plaster and some drywall composed the collapsed ceiling. The ceiling of the historic theater may have been of venerable age. Anyone familiar with stucco plaster knows that varying humidity, heat, dryness, and weather conditions generally can take their toll on stucco plaster. The plaster can warp, buckle, crack, flake, peel or powder. 3 inches of un-reinforced stucco plaster hanging over your head isn’t the most secure ceiling even when new.
A witness account states that just as Doug Kershaw exited the stage, the witness saw crumbling bits of stucco plaster falling from the ceiling. The witness described the falling powder as an “awesome” confetti effect that initially appeared to be part of the show.
Chances are that the ceiling would have already exhibited some signs of impending collapse had it received a close inspection on the Tuesday prior to the cave in. The news account of the theater ceiling collapse stated that the theater had been inspected on that Tuesday because a prospective buyer was finalizing purchase of the theater. Scott LaBarbera, a former owner of the Denver Oriental Theater, was finalizing re-purchase of the venue. The account says that the Denver Oriental ceiling passed inspection. So we wonder if that inspection was all it could have been. We wonder if the ceiling received more than a cursory inspection.
A day after the Denver Oriental Theater ceiling collapse, a fire inspector said that the stage ceiling should be torn out, replaced, and reinforced. We concur with the recommendations to reinforce the ceiling, especially if the ceiling will be another three inches of stucco plaster over drywall.
Everyone can breathe a dust-free sigh of relief that the theater ceiling collapse waited until people had moved beyond harm’s way. Had the theater ceiling collapse occurred even a couple of minutes earlier, the injuries and liability consequences could have been enormous. Fortunately, that crumbling Denver Oriental Theater ceiling hung on until the band and theater patrons had exited the area. This limited the costs of the cave in to ceiling replacement and a few cancelled performances. News accounts did not specify whether Mr. LaBarbera’s theater purchase decision had been cancelled as well.
News accounts typically inform us of the severity of accident injuries only in the blandest sort of way. A report might say that three men who abruptly fell 3 stories when an unsafe balcony collapsed at The Grove in Denton went to the hospital with “non-life threatening injuries.” A source at a hospital might later provide an update saying that these men are in “good condition.”
When you read “non-life threatening injuries” and “good condition,” you might breath a sigh of relief. You might think that these men who fell 3 stories when anunsafe balcony collapsed at The Grove in Denton might have a few bruises, maybe a minor laceration or two, and maybe even a broken bone. But the wording does not make it sound like they suffered any serious injuries, does it?
Well, let me tell you about these three men who went to the hospital with non-life threatening injuries and were reported some days later to be in good condition. These men are Grant Draper, Garrett Draper, and Tony Garcia. They fell three stories onto concrete and metal one night at The Grove apartments in Denton, TX when an unsafe balcony collapsed underneath them.
Someone close to the men posted a comment giving the details of their “non-life threatening” injuries. These injuries are immensely painful just to contemplate. It’s difficult to imagine the suffering these men have experienced since their sudden 3-story fall after a balcony collapsed at The Grove in Denton.
Hospitals see all the worst injuries and illnesses every single day. “Non-life threatening injuries” simply means that the person probably won’t die. “Good condition” seems to mean that the person probably won’t die and that no unexpected complications have sprung from treatments and surgeries. But these terms clearly don’t imply “good” or “non threatening” in the sense in which we usually use them
So next time you come across these bland injury descriptions, you may think about the possible severity of the pain, suffering and depth of injury the accident victims may have suffered. These innocuous phrases: non-life threatening injuries and good condition, don’t rule out permanent disfigurement or disability. They don’t rule out crippling injuries. They don’t rule out permanent organ damage. They only rule out the immediate prospect of death.
I often think that we perform a disservice to the accident victims, who may experience indescribable suffering, when we characterize their injuries and conditions in such a bland way. But I also understand the desire of others not to be confronted with the blatant horror of some accident wounds and injuries. And I understand the victims’ desire to avoid prying or maudlin pity while they are in pain.
But we shouldn’t forget that these victims do suffer. And that those who caused their suffering should not be allowed to hide behind bland phrases or to get off the hook for the suffering their negligence has caused. The advocates for these victims, who fell 3 stories when a balcony collapsed at The Grove in Denton, have a duty to hold those negligent parties accountable.
You may be following the events of the Denton balcony collapse at The Grove Apartments. The third floor balcony sheared off the wall and dropped to the concrete below. The fall took three men to the concrete with the fallen balcony, where they suffered severe injuries. Our focus has been on the negligence of the various parties behind the scenes that led to the balcony collapse.
Another blogger, in Alabama, has been focused specifically on the business practices of Ted Rollins, the CEO of Campus Crest. Campus Crest built and owns The Grove. We think that the unsafe balconies and the somewhat callous, defensive comments of The Grove’s spokespersons in the aftermath of the balcony collapse speak to those business practices.
Interestingly, Anonymous (perhaps the same Anonymous that posted similar comments on Denton sites after the balcony collapse) made a comment on the Alabama blog piece focusing on The Grove apartments’ balcony collapse. Anonymous’s comment takes the position that the third floor doors leading out onto the collapsing balcony were designed as a safety feature, specifically as a “great emergency egress point.”
Indeed, if your idea of emergency egress involves shattering your body on the concrete three floors below. The blogger in Alabama clearly questions Anonymous’ ideas regarding safety features.
At Denena Points, PC, we’d looked up some of Texas’ and Denton’s provisions regarding safety and emergency egress. Neither entity requires a three-story drop off from your apartment onto a hard concrete landing in the event of an emergency. When things get bad enough that such an egress becomes a safety feature, perhaps balcony collapses will be the least of our worries.
Denton government entities have in fact discussed emergency egress and other safety issues at length over the years. They do not specifically speak to the idea of third floor exits onto collapsing balconies as a safety feature, but their comments generally would seem to suggest that they would agree that such an “emergency exit” would not be safe.
Negligence, and we believe gross negligence at that, lies at the root of The Grove balcony collapse in Denton. Denial after the fact does nothing to change the negligence that brought The Grove balcony collapse about. Imaginative attempts to characterize the third floor doors’ exit onto a collapsing balcony positioned above concrete as a “great emergency egress point” safety feature only seem to make light of the truly terrible injuries suffered by the three men who fell from that balcony.
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.
The Deadly Texas Wildfires and Other Threats in the Air We Breathe
This week has seen some strong reminders from the government about the potential threat of terrorism to our lives and well being. Then there are the threats of economic collapse that seem to hang over our heads. Those threats are on top of all the other threats we face to our lives and our health every day. Here in Texas, we’ve been living under the threat of heat, drought and fire-related dangers almost continuously for several months now.
As I write this, Texas is ablaze with some of the worst wildfires in its history. Deadly Texas wildfires surround much of Houston. These fires show no intention of going out any time soon. A pall of smoke obscures the Houston skyline, and people with respiratory complaints are feeling the effects of the wildfires’ smoke, even at a distance.
And only recently, a section of Houston highway was shut down while workers cleaned up a cargo spill from a wrecked truck. The cargo consisted of a couple hundred barrels of hydrofluoric acid or hydrochloric acid. News reports varied on this detail. Either substance is highly toxic and corrosive, and hydrofluoric acid can damage the lungs, the eyes and the skin, or even kill you at relatively small quantities. Personally, I find hydrofluoric acid marginally more scary than hydrochloric acid. But I wouldn’t want to take my chances with either one.
And just yesterday, I read about a woman who died in a McDonald’s restroom from a toxic stench that authorities were unable to identify. Several other people were injured by the smell, including some rescue workers. I think we’ve all had the experience of walking into a restroom containing a seemingly toxic stench. But I never worried about such an odor actually being toxic until yesterday. My sympathies go out to the people injured by the odor, and particularly to the family and friends of the woman who so unfortunately died from the toxic stench.
So, while my home State of Texas is burning across large swaths from deadly Texas wildfires, chemical spill hazards are endangering my daily commute, and it looks like visits to the restroom in McDonalds could be deadly (I think, deep down, many people always suspected as much), the government reminds me to worry about other deadly threats as well. But even with all of these threats to worry over, I’m going to take some time to remember all of those whose lives were so abruptly cut off by a heinous and deadly act of terrorism 10 years ago. I’m going to remember these folks who won’t be with us this weekend, and hold their surviving family and friends in my thoughts. In fact, I’ll take some time to remember all who have lost their lives in untimely accidents. I’ll think of the lady who just lost her life at McDonald’s, and about those who have lost their lives in our deadly Texas wildfires. Because these unfortunate souls no longer have weekends ahead of them to worry over.
You may have seen the news of yet another North Texas balcony collapse. This Denton balcony collapse badly injured 3 young men when the 3rd floor balcony where they had stepped out to enjoy a smoke suddenly tore from the wall and sent them to a hard landing on the concrete 3 floors below. The men were airlifted to a hospital in Fort Worth for intensive care. Witnesses say that other students had been out upon the balcony before them, so the men had no reason to suspect that the structure couldn’t support their weight. The Grove apartments complex, where the balcony collapse occurred, had just opened its doors for the first time a few weeks previously.
Pictures of The Grove apartments in Denton, TX show a (very) few holes where the balcony was anchored into the wall in some way. It appears that the balcony had no supportive ledger board. Or if there was one, it does not appear that it was attached in any way to the apartment wall. It is clear from the number and positioning of the holes that the balcony could not have supported much weight.
News reports of the Denton balcony collapse quote a spokesperson who emphasizes that the balconies and their railings were purely “decorative” structures attached to the building merely for aesthetic reasons. The spokesperson specifically states that the balconies were not designed to bear weight. It sounds like The Grove apartments in Denton, TX and their owner, Campus Crest, try to use this as a “defense” against the balcony collapse. But as a defense, it just doesn’t seem to hold up (much like the balcony).
Where there is a balcony on your unit, no matter how narrow, and doors that open freely onto that balcony, you will naturally tend to make use of that balcony. Even if you just use that balcony to “get some fresh air” as The Grove apartments’ spokesperson suggests, it would be perfectly natural for you to actually step out onto that balcony and lean on its rail as you enjoy the fresh air. You might also place some heavy potted plants out on that balcony. And you might let your pets out there to get some air. Children might go out on the balcony to play. You or your friends might even step outside to smoke occasionally.
It’s just plain negligent to deliberately attach non-weight bearing balconies to an apartment (especially on the 3rd floor, directly above a hard concrete surface) and then create fully functional doors that residents can use to go out upon that balcony. The Grove apartments’ spokesperson says the balcony was never intended to bear the weight of the adults who were on it that night it collapsed. Yet the complex had constructed doors that open right out onto those balconies and that seem to invite you to step out upon these non-weight bearing balconies. Did the complex tell the students that it was dangerous to use their balconies and that these balconies weren’t designed to bear weight – that they must only look, and not touch them? (Probably not.)
News reports and witness statements indicate that The Grove apartments in Denton, TX might have been hastily constructed with the intention of opening in time to lure student renters before the start of the Fall semester. The intention behind the double doors that open out onto (non-weight bearing!) 3rd floor balconies is puzzling. Placing non-weight bearing balconies on high floors, above concrete, in complexes where students are encouraged to gather in great numbers, seems to be just asking for a nasty balcony collapse and fall.
That’s just plain hazardous. Perhaps you’ve heard the term “epic fail.” If the complex didn’t want to spend the money to make sturdy and safe weight-bearing balconies, then they definitely should not have constructed fully functional doors leading out onto the unsafe, non-weight bearing balconies.
Personally, I hope that the students, their parents and their lawyers hold The Grove apartments and Campus Crest fully accountable for their negligence in creating this Denton balcony collapse hazard. This hazard has already seriously injured 3 people in a balcony collapse mere weeks after The Grove apartments in Denton, TX opened their doors. The complex is very lucky that no one lost his life in that 3-story drop to the concrete, where the metal rail fell on top of at least one man.
The injuries suffered by the three men in the balcony collapse were horrible. News accounts don’t fill you in on the details. All three men seem they will survive their injuries, but their suffering from the accident may be life-long. We wish the best for them. It may provide them little solace that their injuries and suffering have started actions in motion that may save others from similar fates. In effect, they’ve become heroes for local renters. We’ve posted some updates on the balcony collapse situation here:
http://denenapoints.com/library/know-your-rights-as-a-renter-to-a-fit-and-safe-place-to-live.cfm
http://denenapoints.com/blog/on-the-wisdom-of-placing-purely-decorative-balconies-on-high-floors.cfm
http://denenapoints.com/news/denton-officials-to-apartment-complexes-secure-decorative-balconies20110914.cfm
Dan Uggla Deck Collapse Lawsuit: Deck Collapse Attorney & Balcony Collapse Attorneys
Dan Uggla Deck Rail Collapse: Causes, Costs and Consequences
Charles Grogan probably wishes that he just hadn’t leaned upon that deck rail at Dan Uggla’s home. Dan Uggla, 2nd Baseman for the Atlanta Braves, purchased the home in Franklin, TN in the autumn of 2010 at a cost of approximately $1.05 million. I think it’s fair to say that when a person pays that much for a home, he probably expects it to be in good condition. He has a right to expect that his new purchase won’t immediately lead to his friend’s catastrophic injury and, ultimately, a lawsuit for $5 million. But we don’t always get what we pay for.
No matter how costly the home, it’s entirely possible that someone cut corners somewhere down along the line. News reports don’t delve into the cause of the deck rail collapse at Dan Uggla’s home that injured Charles Grogan. So from this distance, we can only speculate. Was the cause of the deck rail collapse:
* A design flaw?
* Poor materials?
* Use of nails where they should’ve used bolts to connect the rail?
* Age and weathering of the structure?
* Poor maintenance?
* A less than thorough home inspection that could’ve caught the danger before it materialized?
Building authorities say that weak connections are the usual causes of deck collapse incidents. While the news reports say that Dan Uggla bought the home about a year ago, they don’t specify the age of the home when he bought it. Maybe a combination of poor construction and building materials weakened by age and weather caused the deck rail collapse. Charles Grogan’s lawsuit indicates that he believes the builder and the home inspector to have been negligent. From this distance, I would say that circumstances might corroborate Charles Grogan’s belief. As an experienced deck collapse attorney, I would be combing the evidence and debris from the deck rail collapse right now for:
* Evidence regarding how the rail was connected to the deck,
* Warped, weathered or corroded materials, and
* The actual findings of the home inspection report,
* Among other things.
No one should receive life-threatening injuries and life long disabilities simply from a moment’s enjoyment on an unstable deck. No one should die from a balcony collapse or a deck failure either. But these injurious collapses happen with sad regularity. Perhaps the only way to reduce the number of such harmful incidents over time is to make sure that we hold accountable those responsible for the disasters. Holding people accountable for harmful negligence is part of my job. I take it seriously. My hope is that by holding people accountable for their negligence, we can prevent similar negligence in the future and the devastating accidents that result from it.
Balcony Collapse Law Firm: 9/11 NYC World Trade Center Twin Towers Collapse: Structural Collapse
From Balcony Collapse to the NYC World Trade Center Collapse on 9/11
Collapsing infrastructure is all around us. In Texas, we see regular reports on the dangers of our aging infrastructure (roads, bridges and tunnels). We also see regular reports in the news of balconies and decks that have fallen from the homes and apartments to which they were formerly attached. Many of these news reports of balcony collapse and structural collapse date the structures to the 1970s.
In some cases, the date is significant because huge numbers of structures were going up quickly at that time. A recent article about Montreal’s aging infrastructure specifically points out the dangers of crumbling buildings that they built in haste during the 1960s and 1970s to host the Olympics and other large events. Well, Texas has yet to host the Olympics. But the ’60s and ’70s gave us an unprecedented era of growth. Many of our apartment complexes, homes, shopping centers, and highways date from that era. And many of them are starting to show signs of wear.
The passing years deteriorate all structures over time. Building materials like wood, stucco and certain metals are particularly vulnerable. But age doesn’t pose the only danger. Design flaws and poor construction choices may be to blame. Builders often make changes (not necessarily for the better) from architects’ plans when they construct a building. Seemingly small changes can have catastrophic consequences.
For instance, in 1981 in Kansas City, MO, the Hyatt Regency Hotel 4th floor walkway collapsed under the weight of scores of spectators enjoying a tea dance. This walkway came down on top of the crowded 2nd floor walkway directly below, sending them both crashing to the 1st floor atrium that contained another 2,000 people. 114 victims of the Kansas City walkway collapse died. More than 200 others were injured. The devastating walkway collapse is blamed on a small, subtle design change made during the Hyatt Regency Hotel construction phase. The change doubled the stress load on the connection between the 4th floor walkway support beams and the tie rods carrying the weight load of the second floor walkway. The new design could barely support the weight of the walkway structures. When scores of spectators added their weight to that load, the connections failed and everything plummeted into the crowded Kansas City Hyatt Regency Hotel lobby.
Some structural authorities blame another well-known structural collapse, that of the NYC Twin Towers on 9/11, on a combination of design and construction factors. They describe the NYC Twin Towers as compositions of square, steel, tube modules given structural support from the inside by their floors. These authorities say that the World Trade Center towers’ overall structural integrity was essentially unaffected by the impact of the planes. But as fires burned locally in the impact areas, they weakened steel and the connections between the floors and the “tubes” of the main World Trade Center structures. When a corner of a floor collapsed, it caused the remainder of that floor to collapse. Then the dependent steel tube of that floor separated. As one floor collapsed down onto the next, and the next, and so on, the hollow tubes continued to be pushed out and away from their supporting floors. So in the end, the whole buildings of the World Trade Center’s NYC Twin Towers went down like houses of cards. Let us hope that we never see another structural collapse so costly in terms of lives lost and destroyed.
One of Denena & Points’ primary practice areas involves structural collapses like the deadly debacle at the Indiana State Fair. We’ve handled some high-profile structural collapse cases on behalf of injured clients, and we’ve come to know where the fault lies in these matters. So we were a little surprised when we saw that reports were blaming this deadly event on a single gust of wind. Stages and other structural assemblies designed for outdoor use should be able to withstand gusts of wind even above the 60 – 70 mile per hour range. We notice the conspicuous absence of other reports of structural damage in the area from this same Indiana storm wind.
Officials at engineering firms that design outdoor stages indicated their own surprise at the collapse at the Indiana State Fair. They said that industry standards exist regarding outdoor stage design and construction. They also stated that an outdoor stage conforming to these standards would not have collapsed during the wind gust in Indiana.
Our own review of news photos and reports reveals several problems with the outdoor stage itself and with event procedures and warnings. These appear to have combined to result in the disastrous outdoor stage collapse at the Indiana State Fair. Official investigations may well discover even more factors that contributed to the dangerous structural collapse. We believe that they owe it to the injured victims and to the grieving family and friends of the wrongfully killed victims of this disaster to get to the truth of the matter.
We can’t reiterate enough the duty of event organizers and officials to create a safe environment for workers and guests at these large outdoor events that they set up. Event guests pay for the privilege of witnessing an exciting and spectacular concert performance. They do not anticipate dangers like the stage collapsing on them and their friends and loved ones because of negligence. When you’ve been injured in a structural collapse because of such negligence, you shouldn’t just accept the official story that it was all caused by the weather. Don’t walk away bearing the burden of your losses alone. You should hold event officials and those who built and provided the structure accountable for their negligence. Their failure to uphold their duty of care caused your pain and your medical expenses. So they should share the burden of your losses from the accident. After all, they caused it.