Balcony Collapse Injury Lawyers in Las Cruces
All property owners, whether they own a private residence or a commercial property, have a duty to those who enter the premises. Property owners must ensure that their properties are safe and free of hazards. If a hazard is present on a property and cannot be removed right away, the property owner has a responsibility to warn visitors of the danger.
When someone is injured on another person’s property, they may be able to file a premises liability claim. In a premises liability case, an injured victim claims that a property owner either did not remove a hazard they knew about or failed to warn visitors of the existing hazard.
One of the most important factors in a premises liability case is whether the property owner had notice of the hazard. If the property owner did not have notice of the hazard, and it would not be reasonable to expect the property owner to have notice of it, the property owner may be able to avoid at least some liability for the victim’s injuries.
Balcony Collapse Claims
Balcony collapses are very serious incidents and often result in permanent, even fatal, injuries. For a victim to recover compensation in a balcony collapse case, the victim must find out why the balcony collapsed.
If the balcony collapsed because it had become weak over time or was poorly constructed, the property owner may be liable. Property owners should regularly inspect balconies to ensure that they are safe and that the structural integrity has not been compromised. A property owner may be held liable for negligence if the property owner did not have regular inspections.
However, if the balcony collapsed because the victim or victims disregarded weight limit signs posted on the balcony, it will be more difficult to hold the property owner liable. In this example, the property owner provided adequate warning that the balcony could only hold so much weight before possibly collapsing.
Types of Damages
The damages available in a balcony collapse claim vary depending on the circumstances of the case. Damages may include:
- Medical bills for emergency room care, physical therapy, surgery, anesthesiology, and other related expenses
- Ambulance bills
- Lost wages due to time missed from work
- Pain and suffering
- Emotional distress
- Loss of consortium
- If a death occurred, funeral expenses or the potential future earnings of the deceased
An injured victim may be able to claim some or all of these damages, depending on the nature of the incident.
Do I Need an Attorney?
If you or a loved one was injured in a balcony collapse, you should seek the guidance of an experienced attorney as soon as possible to protect your legal rights. There are deadlines in place that limit how long you have to file a claim, and without an attorney’s expertise, you may miss this deadline and be barred from recovering damages.
Your attorney will also argue in court on your behalf if necessary and will make sure your interests are protected in any settlements that are proposed. Without an attorney, you could walk away with thousands of dollars less than you deserve.
How Zinda Law Group Can Help
At Zinda Law Group, our team of attorneys has the experience and resources necessary to hold property owners liable when visitors are injured. Contact us today at 800-863-5312 for a free and confidential consultation. Meetings with attorneys by appointment only.