When you rent one of the over 250,000 Air BNB properties in California, you have the right to expect the property to be safe and in good condition. Premises Liability is the section of the legal code that defines a property owner’s obligation to guests of the property, or renters in your case, to maintain the premise to be hazard-free. So you would never expect to arrive at the property to find a gaping hole in the driveway, a stove that shoots up a two-foot flame when you light a burner, or suspect that the balcony is unsafe or unfit for use. The prudent renter also believes that if there are any defects, safety concerns, or hazards on the property, the Air BNB owner will provide warning signs, have access to the damaged area blocked, or call out warnings in the welcome packet. These considerations appear to be common sense for the property owner and the renter.
So, if you have suffered injuries due to an Air BNB balcony collapse in California, you need to contact DTLA Law Group as soon as possible. We are here 24/7 to offer immediate guidance when you are concerned about protecting your legal rights and financial future. In addition, we provide a free consultation to discuss the details surrounding the incident, your injuries, and the potential for you to file a lawsuit against the Air BNB owner, Air BNB, or any other entity responsible for your injuries and losses.
Understanding More About Premises Liability
Premises Liability defines the level of care required of all property owners, not just those renting properties or operating a commercial business. In more legal terms, it is explained as the duty of care owed to anyone who might be on the property. At its most basic, the appropriate level of care is described as what any reasonable person would consider prudent. If a property owner does not meet this basic level of care, they are deemed to be negligent in their duty of care. And also, with that negligence comes the financial responsibility for any damages caused by their breach of duty of care.
The challenge for victims of an incident such as an Air BNB balcony collapse is proving the property owner’s negligence. Negligence can be established by meeting any one of the following three criteria:
- The property owner was aware of the hazard but did nothing to repair or eliminate it, nor did they mark the danger to be avoided, remove access to the dangerous area, or call out the safety concern in the welcome packet or any documentation for the renter.
- The property owner was unaware of the safety concern related to the balcony because they did not have regular inspections of the property. Had they reviewed the property, they would have seen the damage or deterioration that caused the balcony to collapse.
- The property owner created the safety issue with a poor or improper repair of the balcony.
The team at DTLA Law Group will work with you and even experts in the construction field to help determine which of these criteria are valid and how best to seek compensation from the owners of the Air BNB.
It could also come to light that other parties are liable for the balcony’s collapse and could be named in a lawsuit. For example, a contractor who made a shoddy repair to the balcony could be responsible for the collapse. In addition, Air BNB provides insurance for rental properties that cover many issues. So you might also be naming Air BNB in your lawsuit. Again, the expert personal injury attorneys at DTLA Law Group will help you determine who is to blame and how to best move forward to seek what is owed you for your injuries and losses.
Potential Causes Of An Air BNB Balcony Collapse In California
It might shock many Air BNB renters that many issues result in the collapse of a balcony. And it will be vital to your lawsuit to understand why the balcony collapsed at the Air BNB where you were staying. Some common issues include:
- Overloading the capacity of the balcony with seating and features
- Heavy snow and ice damaged the structural integrity of the balcony
- Moisture damage to the balcony degraded the structural integrity of the building materials
- Damage to footers that support the posts of the balcony
- Soil disturbance at the support post footers from seismic activity
- Improper maintenance and care of the balcony structure
- Storm damage from high wind or debris falling on the balcony
Understanding the cause of the Air BNB balcony collapse is essential to your lawsuit because many acts of god, such as weather-related damage, are not covered under the Air BNB insurance policy for the property.
Common Injuries Sustained In An Air BNB Balcony Collapse
Sadly, many injuries sustained in a balcony collapse are severe due to the distance victims fall. Injuries can also be more severe due to the other items on the balcony falling onto the victims. Some common injuries include:
- Fractured or broken bones
- Neck, back, and spinal cord damage
- Soft tissue damage to muscles, tendons, and ligaments
- Joint dislocations
- Internal injuries, including organ damage and internal bleeding
- Facial injuries to the mouth, nose, and eyes
- Puncture wounds
Of course, medical attention is the priority after suffering a fall from a collapsed balcony or having a balcony fall on you. However, as soon as you are able, please get in touch with DTLA Law Group for guidance on protecting your legal rights and future finances.
After severe injuries from a balcony collapse, it can be hard to think about anything but getting home and focusing on your recovery. However, it is crucial to take steps to gather the information that will be very beneficial in the event of a lawsuit against the party liable for your injuries and losses. The steps include:
- Documenting your injuries with photos, as well as keeping copies of all the medical records from your emergency medical care
- Take a picture of the collapsed balcony. Be sure to document the location it fell from and the debris on the ground. Close-up images of the debris can help verify if the materials were damaged or rotten, causing the collapse.
- Get written witness statements from anyone who saw the collapse or came to your assistance after the incident.
- Contact the owner or manager of the Air BNB to notify them of the incident and your injuries.
- Keep all documents related to the Air BNB rental, rental agreement, and information left for you regarding the property.
- Contact DTLA Law Group to schedule a free consultation to discuss the details of your incident, injuries, and the potential for filing a lawsuit to seek compensation for your injuries and losses.
The Possible Value Of An Air BNB Balcony Collapse Lawsuit
There is no way for the team at DTLA to estimate the value of your personal injury lawsuit until we gather information specific to your injuries and losses. Some of the vital information we will need includes:
- The amount of your current medical bills and an estimate for future medical care expenses
- Any lost wages if you are unable to work while you are recovering from your injuries
- The amount of lost wages if you can return to work but take time off for medical appointments, treatments, therapy, or counseling due to the trauma you endured
- Your legal fees
Our team will also help you determine an appropriate dollar amount to apply for the pain and suffering you endured due to the balcony collapse.
How Long Does The Settlement Process Take?
Unfortunately, there is no way for your team of legal experts from DTLA Law Group to provide you with a time estimate to complete your lawsuit. Factors including the workload of the court system, the severity of your injuries, and the time needed to complete your recovery will all impact the length of the legal proceedings.
What we can tell you is that your DTLA team will work relentlessly to move the case forward as rapidly as possible. We understand that you need the settlement money to pay medical expenses and replace your lost income. In addition, we will ensure that no matter the details of your case, we will have the claim filed within the two-year limit of the California Statute of Limitations for a personal injury claim.
No Fees And No Worries
The seasoned pros at DTLA Law Group understand the trauma and stress you are under after a balcony collapse. And we want you to know that we are here to see that justice is served and you are paid the money owed you. In addition, we never want to add to your challenges by requiring upfront payment for our services. Instead, we offer a no-fee guarantee, so you never need to worry about added bills. We only get paid after we win a settlement on your behalf. So please contact our office today to learn more about having the DTLA Law Group working to protect your rights and financial future.