Premise Liability | Balcony Collapse Lawyers
Porch collapse or balcony collapse is a phenomenon typically associated with older multi-story apartment buildings that have wooden porch extensions on the front or rear of the building. The collapses have a number of causes, including overloading due to excessive weight from over-occupancy.
Over the last several years our law firm has handled several cases where a balcony collapse resulted in a serious injury or death. Balcony and deck collapses have increased by 20% since 2007.
In December, firm partner Clay Miller tried the case of Nohemi Campos vs. Loma Del Rey Apartments and A-Bar T Construction (162nd Judicial District Court).
The case resulted in a $2,138,000 jury verdict.
In this case, our client Nohemi Campos was attending a party at an apartment in Denton, Texas. Nohemi was standing on the balcony with 3-4 other people when it suddenly collapsed.
Nohemi fell one story to the ground and her ankle dislocated and fractured through the skin. Nohemi underwent internal fixation of the ankle joint at the hospital and has suffered continuing medical problems and pain since the collapse. Nohemi’s past medical expenses were just over $100,000 and her treating physician estimated she would need multiple procedures over her life time totaling approximately $350,000 in cost.
Nohemi had no appreciable loss of earnings capacity and no claim was made at trial. Our trial presentation included a structural engineer who used a model to explain to the jury that when the balcony had been reconstructed some 5-6 years before the collapse it did not comply with the applicable building code and lacked the appropriate structural support components. Additionally, we brought Nohemi’s current treating surgeon who participated in a computer graphics presentation that included 3-D renderings of radiographics, intra-operative photographs and medical illustrations that conveyed the complex nature of Nohemi’s injury and the future pain and disability her injuries would cause her over her lifetime. The jury’s verdict included over $1,500,000 for past and future pain and impairment.
Previously we represented a family whose adult son was killed when his balcony collapsed due to improper modifications by the apartment maintenance personnel. The maintenance staff had cut supports from underneath the balcony without proper temporary support. When our client walked out of his apartment, the balcony collapsed and he was crushed by the cement decking of the balcony. After intense litigation, the case settled shortly before trial for a confidential sum.
Other cases our firm has litigated include balcony accidents due to rotten wood or corroded railings. Railing failures occur due to improper placement or corroded connection points. Many of our balcony cases have been successful due to quick investigation including obtaining temporary restraining orders to prevent destruction of key evidence and allowing immediate inspection of the balcony and remnants by our experts.
When the insurance company of a company that had improperly repaired a balcony refused to pay their $1,000,000 limit, Clay Miller took my case to trial and received a jury verdict for twice the amount of the insurance. Within days, the insurance company paid the judgement.
Ms. Campos
If you have a client that has been injured or lost a loved one due to a balcony collapse, we would be honored to assist you. Please contact us in order to file any needed restraining orders and begin the necessary failure analysis that will increase the chances of substantial result!