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Determining Liability in a Georgia Deck Collapse


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11/13/2014
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Liability theories can be considered and sources of insurance coverage can be pursued in Georgia deck collapse accidents. A premises liability attorney at the Law Offices of Shane Smith can determine if a deck collapse victim has the grounds to sue and the appropriate parties to pursue for compensation. We can zealously advocate for a victim's compensation for physical and financial harm.

Our attorneys can obtain the accident evidence to determine the cause of a deck collapse and identify the potentially responsible parties. An occupant of a deck has blind faith in those who design, engineer, construct and maintain it. In this faith lies a reasonable expectation that everyone responsible uses reasonable care in creating a safe structure.

Liability can rest in the following:

  • The property owner
  • The property tenant or renter
  • The property manager, management company, or homeowner's association
  • Building supply vendors
  • The deck manufacturer
  • The deck contractor (this party may be immune from liability following final inspection unless there is proof of gross negligence, fraud, or a latent defect that could not be identified in an inspection)

Construction and maintenance should insure against:

  • Unsecured bolts, fasteners and connection points: There should be multiple connection points to a physical structure such as a building façade. Rusty or corroded bolts should be replaced promptly.
  • Rotting, decayed or split wood: Wood that has sun damage, has been harmed by water or termites is the responsibility of the property owner and should be identified and replaced with proper examination.
  • Unsecured railings or handrails: Railings should not wobble and should be firmly attached. Handrails should not splinter or split.
  • Improper engineering resulting in puddles: Proper drainage will not have puddles forming near support posts, which can result in wood damage and unsecured railings.

In a Clayton County premises liability suit, the injured party has an obligation to prove that the property owner's negligence was the proximate cause of the injuries sustained in a deck fall. Additionally, the victim must show that the owner knew or should have known about the dangerous condition and the owner neglected to remedy the problem by making repairs or appropriately issuing warnings to protect the public from the dangerous situation. The property owner will attempt to show that the injured party did not exercise the care that a reasonably prudent person would under similar circumstances.

If you have been injured in a deck collapse, call a Clayton County premises liability attorney at the Law Offices of Shane Smith to schedule a free legal consultation.



Category: Premises Liability


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