Maison Law represents victims injured due to unsafe school buildings in California. California Health and Safety Code 16500 covers the required safety standards for constructing school buildings in California. The statute says California architects shall adopt guidelines applicable to substandard conditions of school buildings. The guidelines by which the school is built must consider the school’s unique design, use, safety needs, and construction.
Does School Structural Law Cover Earthquakes in California?
Yes, earthquakes must be accounted for when designing any education facility in California. If a building is not structurally sound enough to handle an earthquake and people are injured as a result, then building designers can be held liable for damages. California Health and Safety Code 16600 (a) states:
“The State Architect and the State Building Standards Commission, in consultation with, and with the concurrence of, the University of California, the California State University, the Structural Engineers Association of California, and the Seismic Safety Commission, shall develop and adopt building seismic retrofit guidelines for state buildings, including those owned by the University of California and by the California State University, by January 1, 1993.”
Seismic retrofitting is the process of strengthening a building or home to withstand damage from earthquakes. The statute goes on to say that seismic retrofit guidelines include provisions for the removal of falling hazards that are structural or non-structural components of the building as they can cause life-threatening damage to those within the building during an earthquake.
School Building Classification in California
According to California Health and Safety Code 16500, “school buildings” must adhere to specific guidelines to keep everyone in the school safe, even during seismic activity. But with so many different types of buildings being used as schools, you may wonder what classifies as a school. Section 17283 of the Education Code states:
“School building includes any building used, or designed to be used, for elementary or secondary school purposes and constructed, reconstructed, altered, or added to, by the state or by any city or city and county, or by any political subdivision, or by any school district of any kind within the state, or by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof.”
So, no matter what type of building you’re in, if it is being used as a school, then school building law such as Section 16500 applies if someone is injured due to unsafe structural designs of the building.
Common School Construction Defects in California
When a construction defect in a school ends up injuring a person, multiple parties from architects, to builders, to suppliers, to inspectors, to subcontractors can be held responsible for damages. It is not uncommon for structural accidents to be the result of multiple acts of carelessness. Establishing the cause of the structural accident is imperative to a successful lawsuit. The most common construction defects include:
- Construction deficiencies: these happen when the structure does not perform as expected and the integrity of the building is compromised. These factors include:
- Mechanical elements
- Plumbing
- Electrical systems
- Expansive soil
- Door and window installation
- Design deficiencies: these claims arise from the design of the building failing to hold up against normal building operations. These designs include:
- Poor roof design
- Uneven foundation
- Doors and windows failing to operate properly
- Material defects: materials chosen by the designer or built by the manufacturer could be defective in maintaining the structural integrity of the building such as:
- Waterproofing membranes
- Insulation
- Drywall
- Subsurface defects: subsurface applies to the safety and continued use of the building. These defects become apparent if the building cannot withstand too much rain, sun, or seismic activity. A leading cause of these deficiencies is improper compacting of soil or inadequate drainage, which causes premature failure of the building’s foundation.
Contact a School Building Liability Lawyer in California
If you or a loved one has been injured due to structural hazards within a school in California, the personal injury attorneys at Maison Law can help you get the compensation you need. Government agencies or private education institutions can be held responsible for careless building design. The laws listed above show how complicated structural defect lawsuits can be to navigate. Our firm has years of experience protecting injured victim’s rights in unsafe school building accidents.
Contact Maison Law today for a free consultation and case evaluation. There are no upfront fees for receiving our legal counsel and you don’t pay a cent until your case is won.
