Summer months are historically known for porch parties, where groups of people gather to celebrate the 4th of July fireworks, or just lounge. However, each year thousands of people suffer devastating injuries. These injuries result from porch or deck collapses. When this occurs the injured parties are often forced to deal with long-term medical costs, pain and suffering and loss of work. Los Angeles porch collapse attorneys at Downtown L.A. Law can help with your injuries. This article will cover issues such as who it at fault, common injuries, liability and more. If you have been hurt in a porch deck or fire escape fall or collapse contact our offices to discuss your case.
Liability for Injuries – Who can be held responsible for my injuries in a Fire Escape Porch or Deck Collapse?
Who is liable for injuries? Liability can be extended to a number of persons with regards to such injuries. Homeowners, renters, occupiers of the property, construction employees, architects and building manufacturers can all be held liable. Although, each party may not be at fault, and most of the time liability depends mainly on who was responsible for the injury. If discovery shows that the architect erred in his construction of the property, or that there was defective or sub-par construction materials used, then those particular parties may be held liable. On the other hand, if discovery shows that the homeowner allowed an excess number of people to enter onto the property causing the collapse, then they will be liable. Generally, the courts will determine whether the party at fault was negligent. A party is found to be negligent when their actions fall below that standard of care of a reasonably prudent person. Examples include failure to properly designate the number of occupants permitted on the deck, faulty construction or the use of sub-par building supplies.
Contractor Liability for Injuries – Filing a Personal Injury Lawsuit for Faulty Contractor Work
Contractors can also be liable when they fail to perform their duties property. Contractors who undertake the responsibility to erect a structure are charged with the duty to perform the task properly. In cases where injuries result, the contractor will be liable. It is not important that no privity exist between the parties. Contractors duty to 3rd persons, i.e. social or business guest is not waived simply because there is no contractual agreement. Contractors or repairmen owe a general duty to perform repairs properly. A duty is owed if:
- The repair was negligently prepared;
- Failing to make a requested repair which ultimately caused the injury;
- Failing to properly inspect or maintain the property;
- Voluntary assumption of duty to repair/inspect which was done in a sub-standard manner.
All of these types of issues, can open the contractor to liability for the injuries suffered.
Homeowner Liability – Premises Liability Claim – Can I file Lawsuit Against a Property Owner for my injuries from a Porch Deck or Fire Escape accident?
Homeowners can also be liable when injuries occur in their home. When a homeowner fails to properly inspect the property, or when they fail to give proper notice to their guest, then liability can be extended. If you have been injured while attending a function or event in a home, then you may be able to assert a claim for your injuries. As a homeowner you owe a particular duty of care to your guest. Whether they are there as a social or business guest the law imposes a duty of care. If an injury occurs while you are on the premises the landlord, tenant or property owner can be liable.
Selecting the right Legal Representation – California Personal Injury Attorneys
If you have been injured as a result of a stairwell, porch, deck, balcony or fire-escape collapse, contact a personal injury attorney to discuss your claims. Downtown L.A. Law offer representation for injured parties. Our offices handle cases big or small and will fight for your legal rights. Contact us today for a free case evaluation.