Balcony Accidents

Balcony accidents are terrifying, often unexpected and can be very painful. Balconies are often decorative or safety barriers. But under unfortunate circumstances, they can result in injuries if the are incorrectly installed, or damaged through the years.

According to the Center for Disease Control and Prevention (CDC), falls are the number one cause of accidents. While falls from elevated structures of balconies are less common they can nonetheless result in some of the most horrendous accidents.

Balcony Collapse

There are a number of reasons why balconies can collapse and oftentimes it requires a building code expert to determine the cause. Some may be made with poor quality materials that are cannot withstand a certain amount of weight or weather conditions. For example, improperly installed wood can rot over time, resulting in a non-compliant weakened balcony. Or, the materials that were installed may be of poor quality. Under these situations, the contractor, subcontractor, or materials distributor might be at fault.

Additionally, the design of the balcony may have been improper or inconsistent with building code requirements. For example, California Building Codes require that the safety bars on balconies be spread out within a specific amount of space. Failure to comply with this standard can sometimes result in injuries.

An attorney can help investigate whether there are related incidents that relate to the particular builder, manufacturer, or designer. This can ensure that the appropriate parties are held accountable and liable to the injured parties.

Balcony Defects

Balcony accidents may also result from an issue in the balcony’s construction. If a balcony is incorrectly constructed a child may easily slip through the railings and fall to the ground below. Local and state authorities provide regulations on the spacing between railings, these codes are subject to change so it is important to remain aware of any new notices that are issued. Balcony railings are composed of several parts; the balusters are the thin vertical pieces, the posts that run the length that stabilize the railings and the baluster. The maximum distance between a baluster or post is 4 inches. In addition between the floor and the bottom rail there must not be more than 4inches.

Balcony accidents may also result if the balusters, railings, and posts are not correctly assembled or attached. For example, Anderson Franco handled a million dollar balcony claim that involved a post that was only attached to one of the horizontal members. The defect resulted in a victim injuring himself by leaning onto the post and falling from the second floor to the ground. This was a frightening and dangerous accident that may have resulted in fatality. Ultimately, this matter settled, with the plaintiff recovering for his medical damages, pain, and suffering.

How an Attorney Can help

Anderson Franco has handled several cases involving balcony accidents, including a policy limit claim of one million dollars.

In many situations the property owner may try to settle with you directly, however our recommendation is to reach out to an attorney and obtain representation. Attorneys like Anderson Franco have extensive experience in these areas and can ensure that you get the settlement that you deserve. Do not hesitate to reach out for a free consultation to share the specificities around your case and see what options you may have.

If You Own a Property With a Balcony

Owning a property with a balcony carries specific responsibilities, especially in terms of maintaining safety and preventing accidents. Regular inspections and upkeep are crucial for ensuring that the balcony remains a safe space for occupants and visitors. Here’s a detailed look at the critical aspects of balcony maintenance every property owner should routinely check:

1. Structural Integrity

• Supports and Beams: The foundational supports and beams should be checked for any signs of wear, corrosion, or damage. This includes checking for rust on metal parts and rot or splintering on wooden components.
• Flooring: Ensure that the flooring is stable and secure without any weak spots that could lead to collapse. Look for cracks, rot, or loosening of any materials that comprise the balcony floor.

2. Railings and Balusters

• Stability: Railings should be firmly attached and capable of withstanding a reasonable amount of force without wobbling or bending.
• Spacing: The spacing between balusters (vertical bars) should comply with local building codes, typically to ensure that they are close enough to prevent small children from slipping through.
• Height: Railings should be of adequate height (often at least 36 to 42 inches, depending on local codes) to prevent accidental falls.

3. Attachments and Fixtures

• Fixed Furniture: Any built-in or attached furniture should be securely anchored and regularly checked for stability and wear.
• Decorative Elements: Ensure that planters, statues, and other decorative elements are secure and pose no risk of falling off the balcony, which could endanger people below.

4. Drainage

• Water Drainage: Proper drainage is essential to prevent water accumulation, which can lead to structural damage over time. Ensure that the balcony’s drainage system is clear of debris and functioning correctly.

5. Materials and Coatings

• Protective Coatings: Regularly check and maintain protective paints and coatings that help preserve the balcony’s materials, especially for wood and metal surfaces.
• Corrosion and Weathering: Inspect for signs of deterioration due to weather, especially in areas with harsh climate conditions.

6. General Safety Checks

• Lighting: Ensure that the balcony is well-lit to prevent accidents during night-time use.
• Loose Objects: Regularly inspect the area for any loose objects or debris that could cause tripping hazards or accumulate to create other safety issues.