Who May Be Responsible for a Deck or Porch Collapse?

A deck or porch collapse can cause serious injuries, but determining who may be legally responsible depends on why the structure failed and who was responsible for the property, construction, or maintenance. A property owner or other responsible party may have a duty to exercise reasonable care to address dangerous conditions and protect lawful visitors. If a dangerous condition contributed to an injury, the circumstances may support a premises liability claim.

Depending on the circumstances, potentially responsible parties may include:

• A homeowner or property owner
• A landlord or property manager
• A contractor or deck builder
• A construction company
• A marine construction company
• Another party responsible for maintenance

The Law Offices of John C. Manoog III handles deck and porch collapse cases involving property owners and companies responsible for constructing these structures. A personal injury lawyer Hyannis is able to help you figure out the responsible party.

What Should You Do After a Deck or Porch Collapse?

If you were seriously injured, speaking with a personal injury lawyer Hyannis MA may help you understand what information and documentation could be important to your claim. Seek medical attention promptly, even if you initially believe your injuries are minor. Medical records can also help document the nature and extent of your injuries.

When it is safe to do so, preserve information about the collapse by documenting:

• Photographs of the structure and surrounding area
• Visible injuries
• Names and contact information for witnesses
• Medical treatment and related expenses
• Recent repairs or construction

Avoid making deck repairs or removing damaged materials before the condition has been documented when possible. The physical condition of the structure and records of inspections, maintenance, or repairs may help establish what caused the collapse.

Can a Property Owner Be Responsible Without Knowing About the Hazard?

A property owner does not necessarily have to know about a dangerous condition for an injury claim to be possible. Under Massachusetts premises liability guidance, a person or entity responsible for property may have a duty to exercise reasonable care to protect lawful visitors from dangerous conditions.

Maintenance records, previous complaints, inspection information, repair invoices, and evidence of visible deterioration may help determine whether a dangerous condition should have been addressed. These details can also help identify which party was responsible for maintaining or inspecting the structure.

Can My Own Actions Affect a Deck or Porch Collapse Claim?

Massachusetts follows a comparative negligence rule, meaning an injured person’s own actions may affect the amount of compensation they can recover. If an injured person is found partially responsible for an accident, their compensation may be reduced according to their percentage of fault. However, Massachusetts law generally prevents recovery when the injured person’s negligence is greater than the negligence of the parties they are seeking to hold responsible.

In a deck or porch collapse case, there may be questions about whether the injured person contributed to the accident. For example, a property owner or another party might argue that someone exceeded posted occupancy limits or used the structure in an unsafe manner. The specific circumstances and evidence will determine whether those actions affected the claim.

The Massachusetts comparative negligence rule is outlined in Chapter 231, Section 85.

What Compensation May Be Available After a Deck or Porch Collapse?

An injured person may be able to pursue compensation for losses caused by a deck or porch collapse, depending on the circumstances of the accident and applicable law. Compensation may include medical expenses, lost wages, and other damages related to the injuries and their impact on the person’s life.

The nature and severity of the injuries, medical treatment, time away from work, and other losses can affect a personal injury claim. Evidence documenting the accident, injuries, treatment, and financial losses may be important when pursuing compensation. Someone searching for a personal injury lawyer free consultation near me may want to discuss the circumstances of the accident before deciding how to proceed.

What Can a Personal Injury Lawyer Do After a Deck or Porch Collapse?

An experienced personal injury lawyer Hyannis can investigate the accident, identify potentially responsible parties, and help document the injuries and losses involved in a claim. The Law Offices of John C. Manoog III can help you understand your legal options and the compensation you may be able to pursue after a serious deck or porch collapse. Contact our team to discuss your accident and receive a free personal injury lawyer consultation near me.