Many people enjoy spending time on a deck to relax and take in the scenery with their friends. However, not all decks are safe and those that have a design, construction, or maintenance defect can cause serious injuries.
Defects and injuries
A deck that is not designed properly can collapse under the weight of its occupants and construction errors that include using damaged wood, faulty installation and missing support beams can lead to an accident.
Over time, the deck can decay from wear and tear as well as exposure to the weather and it can rust. Each of these factors can weaken the structure. If the deck was not built with handrails or if they are missing, visitors can fall down the deck’s stairs or off the deck entirely.
Deck occupants can have minor injuries ranging from bruises, cuts and scrapes to more serious injuries like broken bones, spinal injuries and head injuries. They can also be hurt by falling debris, can be crushed and can suffer from psychological trauma, such as anxiety or post-traumatic stress disorder.
Premises liability claim
Property owners have a responsibility to ensure the safety of people on their premises.
To demonstrate a premises liability claim, the person who is injured must show that the property owner owed them a duty of care, the property owner must have either known or should have known that the deck was hazardous, and they must have had a duty to warn visitors about the danger.
The dangerous condition must have caused or be a substantial part of causing the injury to the visitor and it must have been reasonably foreseeable by the property owner.