A 37-year-old man named Jose Martinez-Hernandez died when the apartment balcony he loved collapsed beneath him. The Kaufman, TX balcony collapse sent him plunging 12 feet to the ground. Residents of the Windtree Apartments complex say that Mr. Martinez-Hernandez used to enjoy spending time on his balcony. They also say that they had recently observed work crews removing metal support ribs from the balconies. The residents say that after removing the supports, the crews packed up and left without completing the jobs. News reports say that investigations of the Kaufman, TX balcony collapse accident continue.
After the man lost his life in the Kaufman, TX balcony collapse, inspectors came to examine the Windtree Apartments’ balconies. The inspectors deemed more than 24 of the balconies unsafe and gave the residents 48 hours to vacate. (This 24 represents more than 1/3 of the complex’s 60 units.) This seems to place the burden for landlord neglect on the residents. Would it not be better to give the landlord 48 hours to initiate repairs?
The Windtree Apartments were built in 1973 during an era when Texas metro areas saw large numbers of apartment complexes going up quickly all over the state. The Windtree Apartments complex lists itself as an “income restricted” community. All structures deteriorate with time. As they age, structural defects develop from building materials failures, “settling,” corrosion, drying/rotting wood, weather and pest damage, and a host of other factors. And low-income apartments tend to suffer more from landlord neglect and poor maintenance than more expensive units.
The combination of landlord neglect and an aging apartment complex provides a recipe for disaster. And if work crews did indeed remove key structural supports for the balconies prior to Mr. Martinez-Hernandez’s fatal accident, this changes the game. It moves Windtree Apartments’ landlord negligence beyond standard neglect into a more active form of negligence. Gross negligence and wanton and willful negligence can result in much stiffer penalties to the negligent party than standard (ordinary) landlord negligence.
If you’ve suffered a structural or balcony collapse accident due to landlord negligence, you may be eligible to recover financial compensation for your injuries. If you have lost a beloved family to such an accident, you may have a valid wrongful death lawsuit. You can call us today for a free consultation to discuss your case and the pressing questions you may have about the accident. Call today. The call is free. The information you could receive is priceless.