Who Is Responsible When Someone Is Injured by a Structural Collapse?
In the state of Illinois, entities in charge of maintaining a property are expected to uphold high standards to protect those who visit and occupy the structure. When structures like balconies or porches are not properly maintained, constructed, and inspected, innocent lives may be at risk of sustaining very serious injuries. If you or a loved one have been harmed due to a structural collapse, it is possible that your injuries are a result of negligence.
Causes and Injuries Related to Structural Collapses
Structural collapses are almost always preventable and often a result of negligence. Structural collapses are frequently caused by negligence in instances involving faulty construction, foundation defects, building code violations, preventable fires and explosions, inadequate building maintenance, poor design, and insufficient building inspections.
When liable parties fail to keep up with regular maintenance or fail to properly design and construct structures such as balconies and porches, victims can suffer severe industries. While the severity of such injuries often varies depending on the structure’s distance from the ground and the way in which the structure collapsed, there are common injuries that arise from such accidents. For example, commonly seen injuries that arise from a balcony collapse include:
- Lacerations
- Broken bones
- Internal injuries
- Nerve damage
- Paraplegia and quadriplegia
In the worst cases, structural collapses can lead to fatalities.
Proving Liability After Sustaining Injuries From a Structural Collapse
When considering premises liability cases, such as structural collapses, there are generally two basic rules that must be followed. The first rule is that property owners must keep their property safe. Secondly, the visitor must utilize the property normally. It is important to note that the owner and the occupier, such as a business leasing the property, may both be liable for injuries sustained from a collapse, thus it is easy to see why premises liability cases can be so complicated.
When structures, such as balconies or decks, collapse, many factors and entities must be considered when attempting to determine who is responsible for injuries. Examples of parties who may be found responsible for a collapse include the owner of the property, the renter of the property, the contractor who built or installed the structure, or the manufacturer or supplier of the balcony materials. If the structure has been inspected prior to use or is inspected on a periodic basis, it may be possible for the municipality to be held liable.
Because injuries resulting from a structural collapse can be so severe, property owners, building managers, and landlords must follow strict guidelines to ensure the safety of their buildings, porches, decks, and balconies. Regular inspections, maintenance schedules, and building codes must be completed to avoid patrons and tenants sustaining harm.
Contact Our Aurora, IL Premises Liability Lawyers Today
If you or a loved one has suffered serious or fatal injuries due to a preventable structural collapse, you may have a long road to recovery in front of you. Nothing could reverse the damage that was done, however, receiving compensation and holding the appropriate parties responsible can provide some relief while you recover from your injuries or grieve the loss of a loved one. The Kane County personal injury attorneys with Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can approach your case with compassion and tenacity to establish what legal actions may be available and help you to recover damages. Call 630-907-0909 today.
Sources:
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57
