Balcony Collapses Archives | Page 8 of 9 | DENENA | POINTS

What are Joists and Trusses and Rafters?

  • A joist is a horizontal support beam that extends from wall to wall. It might also extend from a wall to a support beam or between two beams. A ceiling joist serves as a supporting element for a ceiling. A floor joist supports a floor.

  • A rafter is a sloped structural support in a roof that extends from the ridge line down to the perimeter or eaves. A rafter serves to support the roof and its load.
  • A truss is a stress bearing support member consisting of triangular units connected by straight, linear units. The construction industry uses trusses for framing roofs and for bridges. Roof trusses support and stabilize a roof structure, and take the stress of the roof load away from the connecting walls. Ceiling joists and rafters together can form triangular roof trusses. But contractors can also order custom-built roof trusses that are made offsite and delivered ready to use.

All of these variations in the roof framing components have a common purpose.

  • They support the roof and any load the roof itself might bear (such as snow).
  • By intersecting angles, particularly in the triangular formation, they distribute the stress load, rather than sending it all straight out to the walls of the structure, which would tend to force the walls outward and away, ending in a structural collapse.

On occasions where the roof framing arrangement does not work properly, ceiling joists might give way, and trusses might collapse, as happened with the Mt. Blue High School gym roof collapse in Maine. Falling walls, beams, and other supporting members of a structure could cause catastrophic injuries and trap victims beneath the weight of fallen structural supports. Building fires weaken connecting supports in a building. One of the greatest dangers in a building during or after a fire is the danger of collapsing structural pieces.

If you’ve been injured because of a structural collapse, call us. We specialize in helping injured structural collapse victims and the bereaved family members of those wrongly killed by structural collapses. Tony Denena and Chad Points are Board Certified, Texas personal injury attorneys with a strong background in structural collapse cases. We could help you recover financial compensation for your losses from the structural collapse accident. We could provide the dedicated legal knowledge and skill you need to win recompense for the following.

  • Medical expenses.
  • Costs of ongoing medical care.
  • Pain and suffering.
  • Mental and emotional distress from the accident.
  • Lost wages.
  • Reduced earnings capacity because of disability.
  • Disfigurement.

If you’ve lost a loved one to a structural collapse, we could help you recover.

  • Funeral expenses.
  • Medical expenses incurred from the accident before death.
  • Loss of financial support provided by the decedent.
  • Loss of companionship and the unique value of the family relationship.
  • Mental anguish and emotional distress.

Your initial case evaluation consultation is free. In your consultation, our Board Certified, Texas personal injury attorneys could help you understand your most advantageous legal options and prospects for successful financial recovery. We’ve helped many other clients recover financially in their time of need. We could help you too. So call today.

Structural Collapse Fatalities from Burned Buildings in Texas

From 1998 to 2007, a total of 1,377 firefighters died in the line of duty. 405 of these deaths resulted from structural collapses. 344 of the 405 deaths were in the World Trade Center in New York City on September 11, 2001.

60% or more of the structural collapse fatalities occur when firefighters get caught or trapped in the structure. The remaining structural collapse fatalities occur when an object within the structure strikes the firefighter. The proportion of deadly structural collapses that occur in burning residential homes has increased in the last decade in comparison to structural collapse fatalities in other types of structures. (This data excludes the deaths resulting from the World Trade Center collapse.)

During this summer of 011, Texas has seen far more than its usual number of fires. Thousands of structures have burned, and tens of thousands of acres have been consumed by fire. Those structures that don’t burn to the ground often must be entered and tested for structural integrity before owners can return to the property.

Structural collapses from weakened support timbers and burned structural connections can happen quickly and without warning, either during a fire or after. Injuries from structural collapse accidents can be permanently disfiguring or disabling. Don’t enter a burned building until fire officials have tested the structure and given you the go ahead.

  • If you have the misfortune to be injured by structural collapse or to lose a loved one to such a cause, call us at the Texas structural collapse law firm of Denena Points, PC. Tony Denena and Chad Points are the “go to” guys for specialized structural collapse personal injury expertise. If you have detailed questions about what to do after your structural collapse accident, they could answer them. If you need to know

If insurance will pay for your injuries and losses,
How you can prove the validity of your claim, and
What steps to take to make a successful recovery,
Chad and Tony could ably advise you every step of the way. Most lawyers have never handled a single structural collapse claim. Tony and Chad have handled several such claims, some of them in high profile cases. So don’t hesitate. Call today. Your initial case evaluation consultation is free. And it could arm you with the knowledge you need to make informed choices about what to do following your structural collapse accident.

Update on the Balcony Collapse Accident at The Grove Apartments

Recent new reports announce that Denton, TX officials have begun contacting apartment complexes throughout the city in an effort to ensure that no more “decorative,” but accessible, balconies lead to severe injuries. These efforts stem from the balcony collapse accident at The Grove apartments in Denton, TX on September 2nd. In that disastrous accident, three men who were leaning upon the rail of a “Juliet” balcony to have a smoke fell three stories to the concrete below when the balcony sheared off the wall beneath them. In effect, in the balcony collapse accident at The Grove apartments, the Juliet balcony became a Juliet express elevator to the ground below.

We noted just after the balcony collapse accident at The Grove apartments that Denton City Councilman Kevin Roden had stepped forward to call for inspections of The Grove apartments. His efforts at that time may have focused on determining whether the single balcony that collapsed was the sole danger at that complex, or whether structural integrity was an endemic problem there. But we are glad to see that City efforts have expanded beyond just the single complex of The Grove to cast a wider safety inquiry. The balcony collapse accident at The Grove apartments has motivated Denton, TX officials to take a stand for safe apartments for students and all renters.

Some questions remain regarding the permitting, oversight and inspections involved in the advent of The Grove apartment complex. These apartments seem to have gone up awfully quickly. And the non-weight bearing balconies just outside of pairs of 3rd floor doors seem to have maybe evaded close inspection scrutiny. But Denton, TX officials seem to understand the value of protecting the city from any further possible liability by taking affirmative steps to ensure that other such balconies throughout Denton can hold the weights that they look like they are intended to hold. The Denton, TX officials’ efforts may ensure fewer injuries and safe apartments for students going forward.

Denton, TX enjoys a rich and lively culture from its place as a center of North Texas higher education. In recognizing its need to ensure safe apartments for students, professors and the other apartment dwellers that the city attracts and who help sustain its rich culture, Denton, TX officials are taking positive steps to further the best interests of all City residents.

A campus news report mentions that The Grove may just represent the first wave in a future stream of hastily constructed student housing. By taking steps now, Denton, TX officials can help ensure that the second student housing wave will be more safely and securely constructed. And that the balcony collapse accident at The Grove apartments stands as an anomaly rather than a trend. Students should be housed, not hosed.

Know Your Rights as a Renter to a Fit and Safe Place to Live

The Texas Attorney General’s Office provides a good overview of tenant rights and landlord responsibilities on their website. Texas law, especially Section 92 of the Texas Property Code, governs tenant rights and landlord responsibilities. Among your most important tenant rights is the right to be free of any adverse condition that materially affects your health or safety. You have the same tenant rights whether you’re in student-oriented housing at The Grove apartments in Denton, TX or whether you’re in the most expensive corporate apartment that money can buy.

By renting you an apartment, your landlord guarantees that your unit will be a fit place for you to live. Under Texas law, it seems that if your landlord rents you an apartment with a 3rd floor balcony, the landlord might guarantee that the balcony will be safe for use, and that you and your guests won’t plummet to the ground because that balcony suddenly shears off the wall. These landlord responsibilities provide just something to think about if you live at The Grove apartments in Denton, TX.

Where residents live with an unsafe condition, they can go to a Justice of the Peace court to obtain a repair order against the landlord. If your landlord at The Grove apartments in Denton, TX won’t live up to landlord responsibilities and take the steps necessary to protect your health, security or safety, you might be entitled to end your lease. But in order to validly end your lease, you must follow specific steps. The Texas Attorney General’s website details these steps.

Residents of The Grove apartments in Denton, TX might find this information useful. They might want to take a more in-depth look at the Texas Attorney General’s website for even more information on tenant rights and landlord responsibilities. Texas news throughout the state regularly reports incidents of injury or death from collapses of unsafe balconies and decks. Residents of The Grove apartments in Denton, TX represent only a fraction of the Texas renters who might benefit from a better understanding of their tenant rights under Texas law.

Our personal injury law firm specializes in helping the injured victims of balcony collapses and structural collapses to recover proper compensation for their undeserved injuries. We also serve to help the bereaved family members of those who have needlessly lost loved ones to collapses of unsafe balconies. If you’re suffering because of the collapse of an unsafe balcony, you can call us for a free initial legal consultation. We will listen to your problem, and help you understand your legal options and chances for a just financial recovery. We’ve dedicated our professional lives to helping injured victims undeserving of their accident injuries. We could help you too.

What Does TDI Say About Compensation for My Texas Wildfire Losses?

TDI (the Texas Department of Insurance) says that:
* If you have insurance, and
* If your losses are covered by your insurance policy,
then you can take the following steps to seek compensation for Texas wildfire damage.
1. Check your home, land and property for damage as soon as you safely can. (Don’t go back until authorities sound the “all clear” – there may be dangers such as hot spots and unsound structures in danger of collapse that you should avoid.)

2. Contact your insurance agent or insurance company right away to report any damage.

3. Make sure you follow up your phone call by filing a written insurance claim.

4. If your policy and policy number were lost in the wildfire, you can call TDI’s consumer help line at 800-252-3439 for contact information for your insurance agent or insurance company. The agent or company should be able to locate your policy number.

5. Make an inventory list of your damaged property.

6. Photograph or videotape the damage.

7. Don’t throw out, tear down or remove damaged property until after your insurance adjuster has seen it.

8. Make necessary temporary repairs to damaged property (like covering broken windows or roof areas). If extra damage or a structural collapse occurs that you could have prevented with reasonable repairs, the insurance adjuster could blame the damage on your negligence.

9. Keep a record of all repair expenses along with your receipts for them.

10. Don’t make any permanent repairs until after your insurance adjuster has seen the damage.

11. Ask your insurance agent if they cover “additional living expenses” (ALE) such as temporary food and housing while your home undergoes repairs.

12. Be there when the insurance adjuster inspects your damaged property.

13. If possible, have your contractor present at the time the insurance adjuster inspects so that the contractor can review the adjuster’s report before you agree to settle the claim.
Even TDI says: “Don’t accept an unfair settlement.” You may feel that the insurance adjuster’s offered settlement of compensation for Texas wildfire damage is way out of line with the actual value of your losses. In that situation, you may need to get the help of a Montgomery County, TX accident attorney to ensure a fair settlement. Your Montgomery County, TX accident attorney should have long experience negotiating with insurance adjusters and insurance companies. That experience could prove crucial in settlement negotiations and be just the thing you need on your side to obtain a fair settlement.
If you have questions, you can give us a call at (877) 307-9500 for a free initial consultation. We’ve dedicated our professional lives as Montgomery County, TX accident attorneys to helping injured victims recover for their losses. We could help you too.

What Do I do After I’ve Lost Everything to the Texas Wildfires?

Sometimes after major disasters, FEMA, other government agencies, and organizations like the Red Cross will provide you with some assistance to help you get back on your feet again. This assistance might include temporary housing, food and clothing. Sometimes the fires result from human negligence, in which case you could sue the person(s) responsible for starting the fire for compensation. But negligent parties don’t always have assets to pay for your losses. Insurance represents the primary means by which people could recoup some of their disastrous losses in Magnolia, TX after they’ve lost everything to the Texas wildfires.
Faced with the overwhelming losses from the 2011 Texas wildfires, insurance companies might be feeling somewhat pressured and hesitant to pay out anything more than they absolutely must. So you might face some property valuation conflicts with the insurance companies. If you have prepared by documenting the values of your property in Magnolia, TX before the fire, you may be in a better position to get the real value of your property back after you’ve lost everything to the Texas wildfires. There are several types of documentation that might help you obtain fair valuations, but only if you’ve saved it where the fire couldn’t destroy it (like within the Web cloud).
Receipts for purchase.

Receipts for expenses from the fire (like temporary lodging).

A complete inventory of your property and goods, with accurate descriptions.

Photos of your property (land, goods, vehicles, etc.).

Professional appraisals of valuable antiques, art, jewelry or other properties with high, but subjective, values.
You also want to assess the full long-term costs of your injuries and losses from the Texas wildfires before you plunge into negotiations with the insurance companies. You may well need an experienced Texas accident attorney with a strong track record in negotiating with insurance companies to ensure that you receive full and fair valuations of your losses. Some of the potential losses and expenses you might suffer after you have lost everything to the Texas wildfires include:

Personal injuries.

Long-term medical expenses.

Funeral expenses.

Lost loved ones.

Lost pets, livestock or crops.

Loss of valuable land.

Burned home, collapsed outbuildings and vehicles.

The cost of temporary housing during an evacuation and while you rebuild.

Relocation expenses.

Destroyed personal belongings, including art, antiques and jewelry.

Loss of your livelihood and income source.

If you’re having trouble with the insurance companies, and they won’t give you fair valuations on your losses, be sure and consult with an experienced Texas accident attorney. Our law firm has dealt with all of the major insurance companies over the years on behalf of our clients. You can call us for a free legal consultation, or even initiate the live chat function through this web page. After you’ve lost everything to a greedy fire in Magnolia, TX, you don’t want to let greedy insurance companies take away your right to fair recompense for your losses. Get the able legal representation you need to ensure full and fair valuations of your losses.

Where Will I Get Help After Losing Everything to a Texas Wildfire?

Some of the places that might help provide relief after you’ve lost your property in the Magnolia wildfire include:

  • FEMA – emergency housing and other emergency needs;
  • The SBA (Small Business Administration) – disaster loans to small businesses;
  • State, County and Municipal OEMs (Offices of Emergency Management) – disaster grant monies;
  • Charities and Volunteer Organizations – food, clothing, shelter, medical care and other types of emergency assistance; and
  • Private Insurance Companies – insurance coverage of your losses.

Chances are that the insurance companies might be feeling just a little panicked by the magnitude of their potential payout losses following 2011’s record season of claims resulting from record-breaking drought and Texas wildfire losses. As a Magnolia, TX accident lawyer with extensive experience handling aggressive negotiations with insurers, I know that these insurance companies probably aren’t going to volunteer to pay you the real value of your losses. On the contrary, you’ll probably face a draining uphill battle trying to get anything like the real worth of the property you’ve lost in the Magnolia wildfire. To help strengthen your claims, you might do the following:

Submit a complete inventory of your losses, with accurate and detailed descriptions.
Document the damaged property with photographs, and submit these photos with comparison photos of your property (land, home, goods, crops or livestock, vehicles, etc.) before the Magnolia wildfire if you have them.
Include receipts for purchases of the property and for claimed expenses because of the Texas wildfire.
Make temporary repairs to structurally damaged property (like covering broken windows or damaged roof areas). If damage to the property increases due to your failure to protect the property such as with repairs, the insurance company might use the doctrine of comparative negligence against you to reduce the value of your Magnolia wildfire claim.
Get professional estimates regarding the costs of full repairs or replacement of your damaged property.
If you have injuries from the Texas wildfire, find out the long-term costs of the medical care you will need.
Hire an experienced Magnolia, TX accident lawyer for advice before you submit anything to the insurance companies. Sometimes too much, or the wrong kind of information can work against you. The aid and counsel of a knowledgeable Magnolia, TX accident lawyer that has long experience negotiating with insurance companies could prove invaluable to you. His help could mean the difference between low-ball compensation on your claim and compensation that gives you full and fair value for your claims. You’re welcome to contact us anytime for a free initial consultation regarding your legal needs. Let us help you obtain the just compensation your losses deserve.

What Happened in the Denton, TX Balcony Collapse at The Grove?

In the Denton, TX balcony collapse at The Grove apartments, 3 men attending a birthday party received severe injuries when the apartment balcony rail they were leaning on collapsed underneath them. When the rail collapsed, they fell 3 stories to land on the concrete surface below. The metal balcony rail fell on top of at least one of the men and trapped him underneath. According to some reports, the men may actually still have been standing inside the apartment when the rail of the narrow balcony collapsed, taking them and the balcony with it when it fell to the ground.

Denton City Councilman Kevin Roden has come forward demanding more inspections of The Grove apartment complex to determine if the balcony collapse was an isolated incident or indicative of systemic problems at the site. The Grove apartments’ website bills the complex as “the place for fully loaded college living.” Apparently, that living does not extend to “fully loaded” balconies.

Some of the questions to answer in an examination of this balcony collapse accident include:

1. Were building permits properly obtained for apartment and balcony construction?
2. Did design and construction conform to standards of the Texas Building Code and any applicable municipal and county standards?
3. Did construction of the balconies follow the architect’s design instructions? (It’s not unknown for contractors to use nails instead of bolts or to otherwise change designs somewhat as they build a structure.)
4. Were the apartments and balconies properly inspected before students began moving in?

There are other unanswered questions as well. Apartment spokespersons maintain that the balconies were never intended to be weight bearing. Yet they had doors that freely opened out onto those balconies, and apparently invited one to use the structures. Did apartment personnel warn residents and guests not to actually use the balconies? The Texas Building Code requirement of live load 40 psf for balcony weight-bearing loads (even for minimal Juliet balconies) indicates that the balcony should have supported the weight load of 3 men leaning upon the rail. So what happened? Investigation results from the accident should give us some interesting answers about the Denton, TX balcony collapse at The Grove.

True, False & Faux Balconies – How Can You Know on Which You Stand?

Manufacturers of balconies and railings say that balconies generally conform to 3 main types:

1. True balconies: Composed of a deck floor and a rail, these true balconies can be walked upon and should be able to hold a reasonable amount of balcony furniture, plants and people. The true balconies tend to be wider than the false and faux styles of balcony. But true weight-bearing balconies can also be designed in narrow styles, including intimate “Juliet” balconies.

2. False balconies: These false balconies have a narrow deck floor (up to 6″ usually) and a rail mostly intended to block an open door. But they are usually designed to support the weight of plants and planters and manufacturers usually suggest this use. False balconies also should support the partial weights of those standing inside the dwelling that lean upon the rail as they take in some fresh air. False balconies intend to lighten the dwelling interior and extend it into the outdoors.

3. Faux balconies: These faux balconies usually have just a rail and no deck floor. The rail covers a window or doors. With the lack of a deck floor, faux balconies generally could not be mistaken for true balconies, as false balconies could be.

While many manufacturers place “Juliet” balconies in the category of false or faux balconies, others manufacture Juliet balconies in all 3 categories. Some define Juliet balconies by the shape and style. Others by the intended function or ambiance it adds to a structure. For the most part, Juliet balconies consist of intimate structures of narrow proportions designed to invite the outdoors into the dwelling and the dweller out to enjoy the outside.

Some of these Juliet balconies are completely functional and can support both people and gardens. Others remain primarily decorative. But even manufacturers of the ones not intended to support the weight of people usually recommend adding planters and plants (which have a considerable weight of their own).

Our examination of dozens of pictures of different types of balconies designated as Juliet balconies indicated that many of the Juliet true balconies are not obviously different to the casual observer from those that are intended as non-weight bearing false balconies. (In other words, unless someone tells you otherwise, you’ll likely believe that one type is just as capable of supporting your weight as the other type.)

You shouldn’t always have to make inquiries about the intended weight load of a balcony before stepping out onto it (or merely leaning upon the rail). But a recent balcony collapse accident in Denton, TX indicates that maybe it’s a good idea to inquire. News reports indicate that the 3 men who fell 3 stories to the concrete actually fell out of the apartment when the balcony collapsed. They had been leaning upon the railing, while apparently still standing inside the apartment, when the railing and then the whole balcony gave way under them.

What are the Texas requirements for deck inspections and deck safety?

You usually must get an inspection:

* Before you buy a home, and
* Before and/or after you build an addition.

Texas, like many U.S. states, follows the International Building Code. Each state or country that follows this international code tends to make its own slight revisions to the body of rules. Texas is no exception, and currently abides by a revised version of the 2009 Code. You can take a look at the Texas version of the Building Code in your choice of formats at the linked website. (Be forewarned: it is a long and technical Code.)

But don’t stop there. Each county and municipality also adopts specific building and inspection codes. There may be code requirements specific to the unique needs of your county or municipality that you need to know before you construct or use a deck. The Building Code inspectors specific to your town or county are also more likely to hit you with fines for failure to comply than State inspectors. So always consult your local codes too. Sometimes federal codes may also affect your plans. Reputable local building inspectors and reputable local contractors can usually point you at all of the applicable rules that will affect your planned or existing deck.

Generally speaking, ground-hugging decks for a Pedernales River home don’t subject you to many rules or regulations. (Maybe because just covering the dirt with a more solid substance doesn’t usually present many dangers.) But elevated decks, particularly once they clear more than 30 inches from the ground, tend to fall under a whole host of regulations because of potential deck collapse dangers. These include the:
* International Building Code,
* State Building Codes,
* County Building Codes, and
* Municipal Building Codes.

Your deck requirements will be specific to your geographic location, such as the Pedernales River frontage. But probably every location adheres to essential deck safety requirements. Don’t skimp. Stick to the Building Codes; they’re designed to address the many causes of deck collapse accidents. A cheaply or poorly built deck can tear away from the home. The resulting deck collapse can:
* Cause costly damage to your home,
* Cause costly injuries and injury lawsuits, and/or
* Lead to even more costly fatalities and wrongful death lawsuits.

We know whereof we speak. We’re Board Certified Personal Injury attorneys, and our 12+ years of practice have seen a fair share of cases on behalf of victims injured by balcony collapse or deck collapse. We’ve also successfully handled wrongful death cases on behalf of surviving family members of those killed by a sudden deck collapse or balcony collapse. And one thing we know: all of these injuries and fatalities could have been avoided. Better design, construction, maintenance and regular inspections could prevent almost all deck collapse accidents.