Porches, balconies and decks offer an enjoyable space for entertaining and mingling with friends. Individuals spending time outdoors on a balcony, porch or deck automatically assume that it is structurally sound and safe to support their weight. Deck collapse and porch collapse are very serious issues in Rhode island and Massachusetts and the injured victims need to seek the best Rhode Island and MA personal injury attorneys for legal assistance.
However, if the porch collapses or the railing fails the end result can be catastrophic. This is because these types of Providence, Woonsocket, Central falls or Warwick accidents often cause serious injuries including head trauma, broken bones, spinal cord injury, disfigurement, torn ligaments and damage to internal organs. In some cases, a porch railing failure accident or collapsed porch or deck collapse can be fatal if the victim becomes covered under a massive amount of heavy debris or falls from a great height.
Premises Liability in Rhode Island
These types of serious accidents and mishaps can happen on public property, commercial buildings and residential homes. Porch collapses and deck collapse in Rhode Island and Massachusetts are caused by various factors including defective design, shoddy construction, rotting wood or lack of maintenance by the contractor, site manager or property owner. These cases often involve premises liability when others responsible for the property are negligent in their actions or inaction a creating a safe environment. A poor design, inadequate construction and lack of maintaining the building can cause various problems on the deck or porch under certain circumstances, which often include:
• A building violation
• Structural defect or design flaw
• Inadequate supports
• Decaying wood on the porch’s structural supports
• Rotting handrail
• Rusty fasteners or nails
• Weakened beams
• Defective components
• Decomposing flooring material caused by weather conditions or termites
• Deterioration of the building’s foundation
• Unnatural accumulation of ice and snow
• Failure to adequately maintain or repair the premises
Determining who is at fault in Providence Superior Court deck collapse injury case
If you, or a loved one, have suffered serious injuries in a porch collapse or failing porch railing, hiring the skills of a RI or MA premises liability attorney may help. By law, the property owner, manager and others in charge of maintaining the premises are legally bound to ensure everyone’s safety. This means the decks, balconies and porches must remain clear of obstacles and other debris. In addition, all supported structures must be properly designed to accommodate normal weight loads when the porch is used as it is designed.
When a serious accident occurs in Rhode island or Mass., the victim seeking financial compensation through a claim or lawsuit must prove which parties are at fault for their injuries and losses. However, this is a complicated process that often requires the skills of a seasoned RI personal injury attorney who specializes in premises liability cases in Rhode island. The East Providence, Rhode Island lawyer must have a comprehensive understanding of civil procedure, the statute of limitations and filing a claim for recompense.
A personal injury attorney in RI can use proven methods to determine if the business owner, landlord, property owner, lessee or others have a legal duty to ensure that the premises remained safe for all visitors, tenants and guests. Under certain situations, the responsibility might be shared by multiple parties. Through experience and knowledge of state civil tort law, the Pawtucket, East Greenwich or Barrington attorney working on behalf of the victim may build the case on:
• Premises liability
• State construction laws
• Wrongful death
Proving the deck collapse case
A MA or RI lawyer fighting on behalf of the victim will file a premises liability claim or lawsuit based on the duty of the property owner or occupier. To be successful, the Rhode Island defective stairs personal injury lawyer must show specific elements of the claim including:
• The property owner, property manager or occupier knew, or should have reasonably expected, that the condition could occur
• Individuals, businesses and entities in charge of the property failed to provide the victim a safe environment, which led to their injuries or death
• The victim’s injuries, losses and damages are real
“• 6/11/2012 Manchester, N.H.: Portable classroom trailers at five city schools were closed after children were injured when a wooden platform attached to a trailer collapsed at one school.
• 5/19/2012 Ashland, N.H.: Rear deck porch collapse
• 5/2012 Churubusco, Ind.: A report of a collapse at a pre-prom gathering where 12 teenagers tumbled.
• 9/20/2011 Castleton, Vt.: Seven Castleton State College students were injured when a deck holding revelers collapsed.
• 9/26/2004 Milford, Conn.: Eight people were injured, including a soon-to-be bride, when a deck at the back of a house “collapsed like a house of cards.”Recent Study Reveals Dramatic Increases In Collapses And Failures Of Decks And Balconies The Jere Beasley Report http://www.jerebeasleyreport.com/2015/03/recent-study-reveals-dramatic-increases-in-collapses-and-failures-of-decks-and-balconies/
The insurance defense deck collapse attorneys will seek to establish that:
• The victim was aware that the dangerous condition existed before the accident
• The dangerous condition was obvious to the victim prior to the RI stair accident
These types of cases are handled on contingency, meaning the victim is not required to make an upfront payment for legal services. The personal injury law firm in Rhode Island handling the porch collapse case or lawsuit will be paid from a successful jury trial award or through a negotiated out of court settlement.