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Balconies collapse more frequently than one would expect. Just a couple of weeks ago, on June 16, 2015, CNN reported that an apartment balcony collapsed during a birthday party in Berkeley, California. Six people died, three men and three women all in their early 20s and at least seven were taken to local hospitals with serious injuries after falling with the fourth floor balcony.  A Berkeley police spokeswoman, Jennifer Cost said that it was not immediately clear what caused the balcony to collapse, but it appeared to have torn away from the rest of the building.  Mayor Tom Bates said initially investigators believe the wood was not caulked and sealed properly at the time of construction and was damaged by moisture as a result. 

In May 2013, over the Memorial Day Weekend, a Georgia family visiting Panama City, Florida, were standing on their second floor balcony when it collapsed. Mayor Ford of Panama City said after the accident that it appeared that the structure gave away and came apart from the main structure. 

On the 4th of July in 2013 eight people were injured because of a balcony collapse on a rental property in Neptune Beach, Florida. First Coast News in Jacksonville, Florida reported that a party attendee said, "The balcony started swinging from the left side and swept around." The building inspector deemed the rest of the balconies on the multi-family home as unsafe because code enforcement found problems with the balconies. The balconies had been redone, but the supports were not, and that is where rotten wood was found. 

Because of Florida's beautiful year-round weather, many enjoy the outdoors by gathering on balconies, but unsafe balconies' collapsing is a serious risk. Over the last twelve years, more than 6 thousand people have been injured as the result of collapsing balconies and porches in the United States according to ABC News. 

What are the causes of balcony collapses?

The Consumer Product Safety Commission analysis estimated that 4,600 emergency room visits were attributed to balcony or deck collapses in the last decade with another 1,900 attributed to porch collapses. Structural engineers investigating the recent Berkeley, California accident believe that poor design, poor construction and poor maintenance caused the balcony to collapse. Waterproofing was an issue. Dry rot happens when water gets into poorly-ventilated areas of buildings and a fungus decays the wood.

What are the balcony inspection requirements in Florida?

Under Florida’s statutes 509.2112, every public lodging establishment that is three stories or more in height in the state must file a certificate stating that any and all balconies, platforms, stairways and railways have been inspected by a person competent to conduct such inspections and are safe, secure, and free of defects. The inspection must be conducted, and a new certificate filed every 3 years.

Who can be held liable for balcony collapses?

There are many who may be liable for balcony collapses including:

• Building owners
• Architects
• Builders
• Framing contractors

Should a person be injured, or die, in a balcony collapse accident as the result of a design or building flaw, the architect, engineer, general contractor or subcontractor may be liable for negligent design and/or construction. If it is determined that the collapse was the result of maintenance and inspection, then others may be responsible and liable. The architect, engineer, general contractor, subcontractor, and building owners who are held responsible  all owe a duty to meet a specific standard of care. Should they not perform according to that standard and harmed a person, or persons, because of a failure to do so, those injured may be compensated.

"If you or a loved one has been injured due to a construction defect in a building or a building owner’s negligence, contact Spivey Law Firm, Personal Injury Attorneys, P.A. to determine your rights," said Attorney Randall Spivey.

Fort Myers Personal Injury Attorney, Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just 1 percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at  239. 337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.