A balcony collapse may cause disastrous injuries or deaths, leaving the victims and their loved ones with medical bills, lost income, and emotional trauma. When a balcony collapses, it is usually because of negligent construction, maintenance, or design. If you or someone you care about has been hurt in a balcony collapse, you might be entitled to receive financial compensation in the form of a personal injury or wrongful death action.
If you or a loved one has been injured as the result of a balcony collapse, you might have a right to seek compensation. The owners of properties, landlords, contractors, and manufacturers might be held accountable if their actions of negligence were a cause for the collapse. Pursuing a personal injury or wrongful death lawsuit will enable the victims to collect damages for medical costs, lost wages, pain and suffering, and other related losses.
Common Causes of Balcony Collapses
Balcony collapses can occur for a variety of reasons, many of which stem from negligence. Common causes include:
- Poor Construction or Design Defects – A structurally weak balcony may collapse due to substandard materials, faulty design, or improper construction techniques.
- Failure to Maintain the Balcony – Landlords and property owners have a responsibility to inspect and repair balconies regularly. Neglecting routine maintenance can lead to wood rot, rust, or other issues that compromise structural integrity.
- Overloaded Balconies – If a balcony is not designed to support heavy weight, excessive occupancy can lead to structural failure. Property owners should follow weight capacity guidelines and post warnings if necessary.
- Water Damage and Rot – Moisture infiltration can weaken wood and metal supports, making them more vulnerable to collapse. Buildings that do not have proper waterproofing or drainage are at greater risk.
- Corrosion or Rust in Metal Supports – Metal components, such as bolts and railings, can corrode over time. Failure to replace deteriorating metal parts can contribute to balcony failures.
- Inadequate Inspections and Safety Violations – Many balcony collapses result from property owners failing to comply with local building codes and safety regulations. Regular inspections by professionals can help prevent these incidents.
Who is Responsible for Freeway Lighting?
Several parties may be held responsible in a balcony collapse case, depending on the circumstances of the accident. Possible liable parties include:
- Property Owners and Landlords – If a landlord or building owner failed to maintain the balcony or ignored warning signs of structural issues, they could be held liable for injuries.
- Construction Companies and Contractors – If poor craftsmanship or unsafe building practices contributed to the collapse, the construction company, contractor, or subcontractors may be responsible.
- Architects and Engineers – A defective balcony design or failure to meet safety standards may place liability on the architect or structural engineer who designed the balcony.
- Manufacturers of Defective Materials – If the collapse was caused by faulty building materials, such as defective wood or weak metal supports, the manufacturer of those materials may be liable.
- Building Inspectors or Government Entities – In some cases, a government agency or building inspector may have failed to identify safety hazards during an inspection, leading to preventable injuries.
Injuries Commonly Sustained in Balcony Collapses
Balcony collapses can lead to severe injuries and, in some cases, wrongful death. Victims may suffer from:
- Broken Bones and Fractures – A fall from a collapsing balcony can cause serious fractures, particularly to the arms, legs, or ribs.
- Spinal Cord Injuries – Falls from significant heights may lead to paralysis or permanent nerve damage.
- Traumatic Brain Injuries (TBI) – If a victim lands on their head or suffers blunt force trauma, they may sustain concussions or severe brain injuries.
- Lacerations and Internal Bleeding – Sharp objects, broken glass, or structural debris can cause deep cuts and organ damage.
- Fatal Injuries – Tragically, balcony collapses can result in fatal falls, leading to wrongful death lawsuits filed by surviving family members.
Filing a Balcony Collapse Lawsuit
If you or a loved one has suffered injuries due to a balcony collapse, filing a personal injury lawsuit may help you recover financial compensation for:
- Medical Expenses – Covering hospital bills, surgeries, rehabilitation, and ongoing medical treatments.
- Lost Wages and Future Earnings – Compensation for time missed at work and reduced earning capacity if injuries prevent returning to employment.
- Pain and Suffering – Financial recovery for physical pain, emotional distress, and loss of quality of life.
- Property Damage – Reimbursement for any personal belongings destroyed in the collapse.
- Wrongful Death Damages – If a loved one died due to a balcony collapse, surviving family members can seek funeral costs, loss of financial support, and loss of companionship.
How to Prove Negligence in a Balcony Collapse Case
To successfully file a claim, your legal team must establish negligence by proving:
- Duty of Care: The responsible party had a legal duty to maintain a safe and structurally sound balcony.
- Breach of Duty: The responsible party failed to uphold this duty, either through poor maintenance, improper construction, or defective materials.
- Causation: The failure to maintain a safe balcony directly led to the collapse and caused injuries.
- Damages: The victim suffered physical, emotional, and financial damages as a result of the accident.
Steps to Take After a Balcony Collapse
If you are involved in a balcony collapse, taking the right steps can protect your health and legal rights:
- Seek Immediate Medical Attention – Even if injuries seem minor, internal injuries or spinal damage may not be immediately apparent.
- Document the Scene – Take photos and videos of the collapsed balcony, debris, and any hazardous conditions that may have contributed to the accident.
- Gather Witness Statements – If others witnessed the collapse, collect their names and contact information.
- Obtain an Incident Report – If the accident occurred at an apartment complex, hotel, or public property, request a written report from the property manager.
- Contact an Experienced Lawyer – A skilled personal injury attorney can evaluate your case and guide you through the legal process.
Statute of Limitations for Filing a Balcony Collapse Claim
In most states, personal injury claims must be filed within a specific timeframe, known as the statute of limitations. In California, for example, you typically have two years from the date of the injury to file a lawsuit. However, if your claim involves a government entity, you may need to file within six months.
Because evidence can quickly disappear and witnesses may forget details, it is important to act quickly and seek legal advice as soon as possible.
Do You Need a Balcony Collapse Lawyer?
Balcony collapse lawsuits can be complex, often requiring expert testimony from engineers, safety inspectors, and medical professionals. An experienced personal injury lawyer can:
- Investigate the cause of the collapse and identify liable parties.
- Collect evidence, such as inspection records, construction blueprints, and building code violations.
- Negotiate with insurance companies to ensure you receive fair compensation.
- File a lawsuit if a fair settlement is not reached.
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
