Key Takeaways: What Every Balcony Railing Collapse Victim Should Know
- Poor maintenance is the leading cause of balcony and railing collapses, including rusted screws and bolts, weakened supports, and unrepaired wear and tear from weather or repeated use.
- Landlords and property owners have a legal duty to keep balconies and railings in good repair and to warn tenants of any known dangerous conditions.
- Evidence disappears quickly after a collapse, so a fast investigation (sometimes requiring a court order) is often needed to preserve the failed railing before it’s repaired or discarded.
- Hiring Simmons & Fletcher gives you access to engineering and building code experts who can determine the root cause of the failure and a legal team that has represented injury victims since 1979.
A balcony rail acts as a barrier to protect the occupant from falling. When a balcony rail collapses and causes serious injury, an experienced balcony railing collapse lawyer will investigate the cause of the failure and determine why it happened. Unfortunately, because of the many older apartment complexes in the Greater Houston area, falls associated with faulty balconies and railings that break free and collapse are not uncommon. Victims suffer serious bodily injuries from falls due to balcony rail collapse. Even more tragically, the victims of these types of accidents and falls are often children playing outside and the elderly. If you or your kids are injured because of a poorly maintained balcony rail, call the balcony railing collapse lawyers at Simmons and Fletcher, P.C. at (713) 932-0777 today.
Why Hire Simmons and Fletcher, P.C., After a Railing Failure?
Our law firm has fought for injury victims exclusively since 1979. If you were injured when a rail collapsed, letting you fall, you owe it to yourself to speak with a lawyer who:
- Offers a 100% free consultation.
- Offers meetings via Zoom, phone, in person, or another convenient method.
- Charges no fees or attorney expenses to you unless a recovery is made.
- Has extensive knowledge and experience in helping accident victims.
Simmons and Fletcher, P.C. is that law firm. Call us today at (713) 932-0777 to set up your free consultation.
Apartment Balcony Rail Failure
Most railing and balcony accidents occur when someone falls from the balcony of their apartment because of poor or negligent maintenance of the balcony’s railing. Without proper support and maintenance, apartment complex balconies can become extremely dangerous, and tenants may not realize the risks. Screws and bolts may become rusty and never be replaced. Railings may experience extreme wear and tear from people consistently leaning on them or from changing weather conditions. Apartment complex balconies left in disrepair and without proper weight-limit warnings may not support the load placed on them and may break down. Landlords and property owners must consider all of these factors when providing a safe place to live, work, or walk.
Recovering Compensation for Balcony Accident Injuries
In Texas, a victim of such accidents and falls may have a claim to recovery under a negligence theory of law. Apartment property managers and unit owners must keep a balcony and any railing in good repair to ensure the tenant’s safety. There is also a duty to warn of a dangerous condition that could present itself with regard to any balcony or railing. Property managers and landlords should take precautions to prevent these types of accidents and falls. Precautions may include weight limit warnings, handrails, and regular safety checks on an apartment unit’s balconies and railings.
At Simmons and Fletcher, P.C., Injury and Accident Lawyers, we have access to engineering experts who can inspect the balcony and get to the root cause of the failure. While rotting wood that allows rails to give way is often easy to spot, many factors affecting the structural integrity of balconies, rails, and mounts are not always obvious to the naked eye. Getting to the truth in these cases often requires a temporary restraining order to prevent the apartment from destroying critical evidence and a court order allowing our expert to enter and investigate the cause of the failure.
When landlords fail to take necessary precautions, the injured victim has a right to bring a claim for personal injury damages suffered and to sue for the property owner’s negligence. If you suspect you or someone you love has been a victim of this type of injury, call us today.
Injuries From Balcony and Railing Accidents
Accidents and falls from a balcony can happen quickly and without warning. Victims often suffer severe bodily injuries from these accidents and falls. Serious injuries may include:
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Call Our Balcony Railing Collapse Attorneys
The personal injury attorneys at Simmons and Fletcher, P.C. are prepared to represent you. We have building code experts ready to inspect the failed railing or balcony and investigate the root cause of your fall. If you have been the victim of a fall or other accident caused by a poorly maintained apartment complex balcony railing, call us today at (713) 932-0777.
FAQ's
Who can be held liable for a balcony railing collapse in Texas?
Liability typically falls on the party responsible for maintaining the property — usually the landlord, property management company, or apartment owner. If a contractor or builder’s faulty construction caused the defect, they may share liability too. An investigation into maintenance records, inspection history, and the specific cause of the failure usually determines who is responsible.
What should I do immediately after being injured in a balcony collapse?
Seek medical attention right away, even if injuries seem minor, since some conditions like spinal or internal injuries aren’t immediately obvious. If possible, take photos of the collapsed railing, the surrounding area, and your injuries before repairs are made. Get contact information for any witnesses, and report the incident to the property manager or landlord in writing. Contacting an attorney early can help preserve evidence before it’s altered or destroyed.
How do I prove the property owner was negligent?
A negligence claim generally requires showing the property owner knew or should have known about the dangerous condition — such as rusted bolts, rotting wood, or excessive wear — and failed to repair it or warn residents. Evidence like maintenance logs, prior complaints, inspection reports, and expert engineering analysis of the failure point can help establish that the owner breached their duty of care.
What is my balcony collapse case potentially worth?
Case value depends on factors like the severity of your injuries, medical expenses, lost income, pain and suffering, and whether the property owner’s negligence was particularly egregious (which could support additional damages). Because every case differs based on injury severity and liability specifics, an attorney can review your situation and give a more tailored estimate after evaluating the evidence.
How long do I have to file a balcony collapse injury claim in Texas?
Texas generally imposes a two-year statute of limitations on personal injury claims, meaning you typically must file suit within two years of the accident date. However, certain circumstances can affect this deadline, so it’s important to consult an attorney promptly to make sure you don’t lose your right to recover compensation.
