Maison Law represents deck collapse injury victims in California. If you or a loved one has sustained injuries due to a deck collapse, the premise liability attorneys at Maison Law can help you get the compensation you need. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer For Deck Collapse Injuries in California?
In the blink of an eye, a deck party can go from a lovely evening to a catastrophic disaster. The elevated surface can turn into a horrific plunge if a collapse occurs and deck collapse victims are also susceptible to being crushed by collapsing wooden beams and sharp, metal materials. While deck collapses may seem like an accident, they are not. If a deck collapses it is usually due to carelessness, resulting in a premise liability.
If a property owner fails to exercise reasonable care over their deck and someone gets injured, they can be held liable for damages according to California’s Civil Code 1714(a), which states:
“Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”
If you were injured during a deck collapse on private property or a place of business, it is recommended to speak with a premises liability lawyer about your legal options.
How Can a Premises Liability Lawyer Help Me?
If you suffer an injury on someone else’s property, determining liability can become a complex matter. Depending on the situation, several parties may be liable for your injuries. Common liable parties for a deck collapse include:
- A property owner
- A business owner
- The government
- A deck contractor or subcontractor
- Apartment complex owner
- A manufacturer of defective materials
- Building supply vendor
Finding the liable party can be tricky, which is why it is recommended to seek the counsel of a premises liability lawyer. A lawyer can assist you with the following after you’ve been injured on someone else’s property:
- Increase your initial settlement by letting the insurance adjuster know you intend to invoke your rights
- Make you aware of the compensation you will need in order to treat your injuries and make a full recovery
- Help you understand what a fair settlement should be based on the details of your case
- Build a case by gathering evidence such as:
- Proof of the damages you’ve suffered
- Evidence that a person, or business, was liable for your injuries
- Evidence the accident was in no way your fault, nor could you have done anything to prevent it
- File a claim in court if a settlement cannot be reached and present your case in front of a judge and jury
What is Needed to Prove a Premises Liability for Deck Collapse Injuries in California?
If you file a personal injury lawsuit against a property owner or corporation, you will be considered the plaintiff and the potentially liable party will be considered the defendant. To recover damages from the defendant, you must establish the following:
- The defendant owned, leased, or controlled the property
- The defendant was careless and did not maintain the property in a safe manner
- You were harmed by slipping or falling on the property
- The defendant’s careless action or hazardous conditions caused you harm
In a premises liability case, a property owner is considered careless when they:
- Allow a hazardous condition to exist on their property
- Knew, through the exercise of reasonable care, that this condition existed
- Fail to repair the hazard, or warn others about the condition
What Should I Do After a Deck Collapse Injury?
If you suffer an injury from a deck collapse, seek medical attention immediately. Nothing is more important than your health. After you get medical care, it is recommended to:
- Report the injury to management (if applicable). Deck collapses require a prompt investigation, especially if they occur on property owned by a corporation. Reporting the injury will also help your case if you decide to file a premises liability claim against the property owner.
- Take your own photos of the scene and get witness statements. Hazardous conditions can be removed or remedied very quickly to prevent more accidents, so it is important for you to capture the dangerous environment while it is still there.
- Follow up on your injuries with a doctor. Any injuries you’ve sustained from your accident will become a part of your case and you will need a doctor to corroborate your injuries.
- Contact Maison Law to protect your rights to compensation. Most accident victims find themselves overwhelmed by the incident and fail to realize the enormous impact a serious injury can have on their lives. Our experienced attorneys can help you understand your legal options and get you the compensation you need to make a full recovery.
What Kind of Settlement Can I Expect from Deck Collapse Injuries in California?
When it comes to premises liability accidents like deck collapses, no case is the same. The circumstances are always different with every case, but the extent of your injuries will largely determine your settlement amount. Knowing your damages will also help you calculate your potential settlement. A determining factor of your settlement is the value of your economic damages. These include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your injuries
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
The next thing would be to include your non-economic damages. These cannot be defined with a dollar amount because they include:
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
FAQs
Q: How long does a premise liability case take to settle in California?
A: The length of the case depends on the complexity. The more complicated it is, the longer it will take to resolve.
Q: How long do I have to file a deck collapse premise liability lawsuit in California?
A: 2 years. The statute of limitations for filing a premise liability lawsuit in California is two years from the date of the accident.
Q: What if I can’t afford a lawyer?
A: There is no upfront money required at Maison Law. Our personal injury attorneys work on a contingency fee, meaning we only get paid if we win your case for you.
Contact a Deck Collapse Lawyer in California
If you or a loved one has sustained injuries from a deck collapse, the skilled premises liability attorneys at Maison Law can help you recover full compensation for your damages. Navigating the legal complexities of premises liability can be a nightmare for you and your family, but it doesn’t have to be. Maison Law protects victims of premises liability accidents by negotiating fair settlements and fighting for their right to compensation.
Contact Maison Law today for a free consultation and case evaluation. No upfront money is required for our counsel and we don’t get paid unless we win your case.
