Tenant Injury Claims After Balcony and Window Falls in Apartment Buildings
Catastrophic injuries occur in apartment complexes yearly in frighteningly preventable situations. An ordinary day can turn dangerous quickly, from loose bacony railings, rotted wood, or windows without proper guards. Understanding the risks and causes of apartment balcony and window fall accidents is crucial to ensuring you are kept safe from harm.
Why Balcony and Window Falls Are So Dangerous
Victims who fall from the heights of balconies or windows often suffer severe injuries and life-threatening damage. Injuries that occur from these accidents include the following:
- Traumatic brain injury
- Skull fracturers
- Spinal cord injuries
- Internal organ damage
- Hip fracturers
- Fatal injuries
Children are prone to these accidents as they often lean on weak railings or push against window screens.
How These Accidents Usually Happen
Balcony and window fall accidents usually occur from unsafe property conditions such as defective balcony railings, missing window guards, or structural decline. These issues often cause severe injuries to victims. Accidents can also occur when prior complaints are ignored. When landlords are aware of possible dangerous conditions that can arise, they are required to report and repair them. This is to ensure the safety of the individuals living in the apartment. Tenants frequently report the following:
- Loose railings
- Cracked balconies
- Windows that do not lock
- Large rail gaps
The Legal Duty of a Landlord
The duty of habitability and reasonable maintenance is a legal requirement that property owners and management companies must have. These include the following:
- Inspecting balconies and elevated walkways
- Repairing loose railings
- Maintaining structural supports
- Installing proper window safety devices
- Addressing known hazards within a reasonable time
When a Landlord Is Considered Negligent
A landlord may be held liable if dangerous conditions existed and the landlord was aware and failed to repair or replace the designated items. To prove negligence in a balcony or window fall case, several elements are typically evaluated. Preserving and maintaining evidence as fast as possible is crucial, as property owners often repair hazards immediately after an accident. Evidence that should be preserved includes, but is not limited to, the following:
- Photographs of the balcony or window
- Maintenance requests
- Emails or texts to management
- Witness statements
- Inspection reports
- Building code reports
- Prior complaints from other tenants
Seeking Legal Guidance
Seeking the proper legal advice can ensure that victims receive the justice they deserve. Understanding the steps to take when filing a claim is crucial to strengthening your overall case. A legal professional can support you throughout the process and allow you to recover from the injuries caused. An experienced attorney can help you with the following:
- Gathering and preserving necessary evidence
- Communicating directly with insurance companies
- Identifying whether a landlord or property manager violated safety obligations or building codes
- Maintaining records, inspection reports, and witness statements
Obtaining legal support is especially critical when dealing with insurance companies, as they often try to contact victims shortly after the accident occurred. Insurance companies do this as a way to minimize the severity of one’s injuries. Oftentimes, injuries take weeks to appear. When victims report their injuries as minor, they are not taking into account any future harm that may arise from those injuries, putting them at risk for a low settlement. An attorney will understand the steps to take and when to speak to insurance companies to maximize the value of your claim.
How KAASS LAW Can Help
At KAASS LAW, we understand the importance of injuries caused by apartment balconies or window fall accidents. These injuries can cause serious harm to victims and their loved ones. It is important to understand your rights when these accidents occur, as it can ensure you receive the suitable care needed to make a full recovery. The proper legal representation can allow victims suffering injuries from these accidents to preserve evidence and determine if building code regulations were violated. An experienced personal injury attorney can assist with the following:
- Conducting structural inspections
- Obtaining city violation records
- Interviewing other tenants
- Calculating long-term medical costs
- Speaking directly with insurance companies
Severe injuries require lifelong care and future treatments. Treating these injuries as early as possible can help reduce their long-term effects. It is also important to seek medical attention for minor injuries as they can often worsen or become chronic, causing more pain and suffering. It is crucial to receive that care and support to ensure that the injuries do not worsen or become life-threatening. KAASS LAW will guide you through every step of the legal process to provide you with the care and support you need to make a full recovery. Understanding your rights is crucial to holding the proper parties responsible for misconduct. If you or a loved one has suffered injuries from apartment balconies or window fall accidents, KAASS LAW is here to help. Call KAASS LAW today to discuss your options and receive the justice and compensation you deserve.