Balcony & Railing Collapse Injury Attorney in Georgia
When a balcony gives way or a railing collapses, the consequences can be devastating. At Blasingame, Burch, Garrard & Ashley, P.C. we represent victims across the state who have suffered serious injuries due to unsafe property conditions, including those resulting in broken bones, surgical intervention, or other catastrophic harm.
If you or a loved one has been injured in a balcony or railing collapse, we’re here to help you seek the justice and compensation you deserve. Our premises liability attorneys have more than 40 years’ experience helping injured clients hold negligent property owners responsible. Contact us by phone at 706-354-4000 or fill out our online contact form and tell us about your potential case.
What Is a Premises Liability Case?
Premises liability refers to a legal responsibility that property owners and managers must maintain safe conditions on their property. If a person is injured due to a hazardous or poorly maintained condition, like a weak balcony or defective railing, the property owner may be held legally responsible. These cases fall under Georgia’s premises liability laws and often involve proving that the property owner knew, or should have known, about the dangerous condition and they failed to fix it.
Who Is Responsible If I’m Injured on Someone Else’s Property?
In Georgia, property owners, landlords, business operators, and sometimes maintenance contractors can be held liable for injuries that occur due to unsafe property conditions. Whether you were visiting an apartment complex, hotel, bar, event venue, or a private residence, the person or entity in control of the premises has a legal duty to ensure that balconies and railings are structurally sound and regularly inspected.
What Causes Balcony or Railing Collapses?
Balcony and railing collapses often result from:
- Poor construction or design
- Rotting or corroded materials
- Lack of routine maintenance
- Improper installation
- Overcrowding beyond weight limits
- Failure to repair visible damage or deterioration
These failures are preventable, and when negligence is involved and someone is seriously injured or killed, the responsible party or parties should be held accountable.
Where Do Balcony and Railing Collapses Commonly Happen?
These tragic accidents can happen just about anywhere, including:
- Apartment complexes and condominiums
- Hotels and resorts
- Bars and rooftop lounges
- College housing and fraternity/sorority houses
- Private homes during gatherings or parties
- Event venues and outdoor theaters
- Parking garages or multi-level commercial buildings
Common Injuries from Balcony and Railing Collapses
When a person falls from a long height or is struck by collapsing materials, the injuries can be life-altering. We represent clients who have suffered:
- Broken bones and complex fractures
- Spinal cord injuries and paralysis
- Traumatic brain injuries (TBI)
- Amputation or limb loss
- Internal injuries and organ damage
- Impalement
- Crush injuries or lacerations requiring surgery
These are not minor accidents. They often involve long-term rehabilitation, loss of income, and permanent disability.
What Property Owners Should Be Doing to Prevent Collapse
Responsible property owners should:
- Inspect balconies, decks, and railings regularly
- Replace rotted wood or rusted metal
- Adhere to local building codes and safety standards
- Limit the number of people on balconies based on weight limits
- Repair any reported issues promptly
- Hire qualified professionals for inspections and repairs
- Include proper signage and block off any unsafe areas
Failure to take these precautions can result in devastating harm, and legal liability.
When a Balcony or Railing Collapse May Not Be a Valid Case
While many balcony and railing collapses are the result of negligence, not every incident automatically leads to a viable premises liability claim. Some circumstances may limit or even eliminate the property owner’s liability. For example:
- Clear Posted Warnings Were Ignored: If there was a visible sign stating the maximum occupancy or weight limit for a balcony, and that limit was knowingly exceeded, it may be difficult to hold the property owner fully responsible.
- Reckless or Intoxicated Behavior: Injuries resulting from a person’s own reckless or intoxicated actions, such as intentionally jumping or sitting on a railing, may weaken a claim or shift liability to the injured person.
- Unauthorized Access: If someone was injured while trespassing or accessing a restricted area not intended for public use, the property owner’s legal duty may be reduced under Georgia law.
- Natural Disasters or Sudden Events: In rare cases, if a collapse is caused by an unforeseeable event, like an earthquake or sudden tree fall, the property owner might not be held liable if the hazard couldn’t reasonably have been prevented.
That said, even in cases with complicating factors, it’s worth speaking with an attorney. Let us help you determine whether you have a valid case.
What If I’m Partially at Fault? Understanding Georgia’s Modified Comparative Negligence Rule
In Georgia, you may still be able to recover compensation for your injuries even if you were partially at fault for the incident. The state follows a modified comparative negligence rule, which means:
- You can recover damages if you were less than 50% at fault for the accident.
- However, your compensation will be reduced in proportion to your percentage of fault.
Example:
If a court finds you were 20% responsible for the balcony collapse, perhaps for ignoring a posted weight limit, but the property owner was 80% at fault for failing to maintain the structure, you could still recover 80% of your total damages.
This rule makes it especially important to have an experienced attorney investigate the circumstances of your injury. Insurance companies often try to shift blame onto the victim to reduce or deny payouts. Our team works hard to protect your rights and ensure fault is assigned fairly based on the facts, not assumptions.
A History of Results
We have an established track record of bringing our clients results they expect and deserve. We have recovered millions of dollars for our clients, and we know how to fight the insurance companies and medical facilities.
Georgia’s Statute of Limitations for Premises Liability Cases
In Georgia, the statute of limitations for most personal injury cases, including premises liability, is two years from the date of the injury. Waiting too long to file a claim can result in losing your right to compensation, so it’s critical to speak with a qualified attorney as soon as possible.
How an Experienced Premises Liability Attorney Can Help
Our firm is committed to helping individuals and families whose lives have been upended by preventable injuries. When you hire us, we will:
- Investigate the property conditions and cause of the collapse
- Identify all responsible parties (including property owners, landlords, or contractors)
- Collect building inspection records, photos, witness statements, and expert testimony
- Handle negotiations with insurance companies
- If necessary, take your case to trial
We only take serious injury cases including those involving broken bones, surgeries, or catastrophic harm, so we can give each case the attention it deserves.
Contact Us Today for a Free, No-Obligation Consultation
If you’ve been seriously injured in a balcony or railing collapse anywhere in Georgia, or a loved one was killed, don’t wait to get the legal help you need. Call our Athens-based law firm today for a free, no-obligation consultation. You can reach us by phone at 706-354-4000 or fill out our online contact form and someone will be in touch. You owe us nothing unless we recover money for you in your case. Let us help you hold negligent property owners accountable, and fight for the compensation you need to heal and move forward with your life.