Atlanta Deck Collapse Injury Attorney

Although not all deck collapses or failures are reported, the public usually learns about the most serious incidents. The U.S. Consumer Product Safety Commission reports that in a recent three-year stretch, there were 2,900 injuries and dozens of deaths resulting from deck collapses. An earlier study found that between 2003 and 2015, there were 224,000 people injured nationally in deck or porch accidents. Of these, 15 percent (or about 33,000) stemmed from structural failure or collapse.

According to another CPSC analysis, 4,600 emergency room visits over the last decade were associated with deck collapses. Another 1,900 visits were associated with porch failures.

It’s estimated there are more than 40 million decks in the U.S. As for why they fail so often, keep in mind they’re exposed to the elements 365 days a year, seven days a week, 24 hours a day. Decks are especially vulnerable to something called “dry rot,” which is a type of fungal decay of timber. Most deck experts opine that the average life of a deck is somewhere between 10 and 15 years. Yet the CPSC also estimates more than 20 million porches and decks in the U.S. have been around for more than 15 years.

Every May, the CPSC reminds the public that it’s Deck Safety Month, and encourages businesses and homeowners to check for any loose hardware (screws or nails), rotting boards, or eroding foundations. It also doesn’t hurt to have decks periodically inspected by a professional (it may be a legal requirement for some businesses). Inspectors can provide information about whether a deck might benefit from some type of stain or sealant to lower the risk of possible exposure to chemical residues and other erosive elements.

Obvious signs of decay or erosion should be taken seriously by property owners. Failure to do so can lead to a deck collapse.

Any Atlanta business or property owner has certain obligations with regard to the safety of invitees and licensees.

An invitee, per O.C.G.A. 51-3-1, is someone who is on the premises for the mutual benefit of the person and the owner, typically a customer or vendor. Invitees, who are present by express or implied invitation by the owner for a lawful purpose, are owed the highest duty of care under Georgia law, with the owner or occupier of the land liable to invitees for failure to exercise ordinary care in keeping the premises or approaches (and decks) in reasonably safe condition. The law doesn’t require that property owners ensure the safety of invitees, but they are required to use diligence in making the premises safe as an ordinarily prudent person would. This duty of care includes the responsibility to occasionally inspect the site for defects that could adversely impact invitees’ safety.

For licensees, the standard is a little different. O.C.G.A. 51-3-2 explains that licensees are persons who are on site for their own benefit, typically understood to be social guests and not for business reasons. Property owners are only liable for injuries if the owner or occupier of the site “willfully or wantonly allows a dangerous, static condition to cause the licensee injury.” Plaintiffs in these cases must prove that the property owner knew or should have known about the dangerous condition and failed to fix it. There is no duty for licensees to regularly inspect a property for dangerous conditions, but deck collapses don’t usually occur because of something that happened overnight; they’re often the result of long-standing issues about which property owners likely should have known.

Property owners can be liable for deck collapse injuries to both invitees and licensees. They can also be responsible for failing to adequately warn guests of danger. One common defense in deck collapse cases involving licensees is that the licensee/plaintiff had equal or superior knowledge of a dangerous condition or defect. However, in cases where there is a code violation (as there often is in deck collapse cases), it’s the owner – not the visitor – who is considered to have had superior knowledge.

It should also be noted that hotels and landlords owe a duty of care to protect guests and tenants from foreseeable injuries that aren’t obvious. Hotel owners owe the highest duty of care to guests, as they are invitees. Landlords, per O.C.G.A. 44-7-14, can be liable for damages caused by faulty construction or failure to keep the site in good repair.

When a Georgia building failure occurs, the lawyers at Apolinsky & Associates, LLC, can help you pursue a case to get fair and just compensation by holding the property owner/occupier legally accountable.

The short answer is possibly, but it will depend on the individual circumstances of your case. Property management companies are common in densely-populated cities like Atlanta, where many people rent apartments or own condominiums. These firms can be deemed liable for deck collapse injuries when poor maintenance or failure to maintain are causes of deck collapse.

Some of this may depend on the contract the property management firm had with the owner (who was responsible for what), but property companies may be in a unique position to inspect and repair potential hazards when they have contracts with out-of-town owners. As Atlanta injury attorneys can explain that it’s important to look closely at the agreement struck between the owner and the property management firm. In many cases, the latter are contractually obligated to conduct semi-regular safety inspections, perform repairs, monitor security, and exercise due diligence in identifying dangerous conditions and promptly initiating repairs.

Most tenants and their guests may reasonably assume the deck they’re on won’t suddenly give way beneath them. An exception might be if the deck was extremely overloaded at the time of the collapse. But even in cases where the injured person may bear some degree of comparative negligence, Georgia law still allows you to collect damages from other at-fault parties, so long as your share of the blame doesn’t exceed 49 percent.

Serious and fatal injuries can occur from a deck collapse at any height. However, the higher the deck, the greater the likelihood of a catastrophic injury or death.

Some of the injuries reported in deck collapse cases include:

• Ankle injuries. Ankle injuries are common when people in a deck collapse situation jump or fall and land on one or both feet. The prominent bones of the ankle are poorly shielded by the protective layers of muscle or fat that cushion other bones. Ankles are also prone to injuries when they are struck by falling objects such as heavy chunks of wood, debris, or other people.
• Bone fractures. Bone fractures are incredibly common in any accidental fall. Fractures stem from the force of impact or when a part of the body gets twisted, pulled, or pushed into an unnatural position. Multiple bones can be cracked or shattered in an Atlanta deck collapse accident. Bone fractures are also commonly associated with soft tissue injuries, such as torn ligaments or sprained muscles.
• Crush injuries. This occurs when a body part gets trapped and crushed underneath a heavy weight. In deck collapses, people who get fully or partially trapped beneath piles of debris, rubble, or other people are prone to suffer crush injuries.
• Lacerations and cuts. Many victims in deck collapse cases sustain deep gashes, cuts and other puncture wounds – particularly if the deck had a glass railing or barrier that was shattered in the collapse. Some cuts can be quite deep, and some can even damage organs and nerves, creating severe complications for the victims. In some cases, even minor cuts can become badly infected.
• Traumatic brain injuries. Traumatic brain injuries can range from concussions to serious, life-altering, catastrophic brain damage. With deck collapses, a TBI can happen when a person’s head hits the ground or is struck by other hard, falling objects, such as wood, glass, or metal.

Decks rarely collapse out of the clear blue sky without reason. In fact, most are entirely preventable. It will be imperative to work with an experienced Atlanta injury attorney early on in the case to determine which parties may have been negligent and to what extent they may be liable.

The statute of limitations essentially means the amount of time you have from when the deck collapse caused by negligence occurs until you must file a lawsuit.

Under GA Code § 9-3-33, the statute of limitations in Georgia holds that injured parties have just two years to bring personal injury claims forward. Your deck collapse injury case does not have to conclude by the end of the statute, it just has to be filed before.

After those two years, a court will dismiss your claim. It is important to remember that oftentimes, insurance companies will engage in stalling techniques to run out the clock and avoid paying you anything. Gaining legal representation is key in such cases, as lawyers will be able to handle dealing with these companies far more expertly than victims.

There are myriad factors that go into the statute of limitations in any individual case, so if you want to pursue a civil claim, you are advised to contact a personal injury lawyer experienced in deck collapse injury cases to build your claim.