Porch and roof collapses can occur anywhere — in the City, the boroughs, or even at a vacation home in the Poconos. Accidents of this type often lead to horrific, catastrophic injuries. Porch collapses are often extremely serious because they are more likely to occur when the deck is at, or above, its capacity. After the deck becomes unmoored and collapses, occupants of the deck then plummet to the ground while debris and shrapnel rain down around them. Roof collapses can be particularly violent accidents because the debris from the collapse accelerates as it falls through the air and, often, onto the people below.
Regardless of whether your injuries occurred due to a roof, porch or deck collapse, the premises liability attorneys of Sullivan & Galleshaw can fight for you. We are aggressive and strategic litigators who are dedicated to achieving a favorable jury award or settlement for our clients.
What duty does a homeowner or business owner have to keep their roof safe?
Every personal injury action, and legal action in general, is based on the operative law when applied to the facts and circumstances that existed at the time of the injury. Therefore, one cannot predict the outcome of a case without carefully studying the surrounding facts, and circumstances and determining what laws apply. While this process can be extremely complex, there are some general principles regarding porch and roof collapse accidents that we can address.
To begin with, a porch or roof collapse accident would belong to the family of cases sometimes called premises liability actions. These types of lawsuits are concerned with an injury that occurred on the property of another person and the duties that the property owner owed to the injured individual. For there to be a successful recovery in a lawsuit of this type there must be:
- A duty must be owed to the guest or individual. Typically this duty is a reasonable care.
- The duty owed to the guest or other individual must be breached
- The injury must have been caused by the property owner’s actions in that it would not have occurred but for the action or inaction.
- The breach of the duty must cause an injury to an individual who was invited on to the property or permitted to come onto or into the premises for a particular purpose.
To better understand these general principals, let’s consider an example where a guest is injured after a house guest fell down a flight of stairs after several of the steps leading to the deck collapsed . Let’s assume that the guest was invited up to the deck and that the homeowner was aware that the stairs leading to the deck were rather rickety so he never used those steps for fear of collapse. The homeowner, however, did not warn the guest of the danger. Here, there would very likely be a duty that was owed to the guest and a breach of that duty that resulted in an injury.
How long do I have to bring a suit for a roof or porch collapse injury?
Most states impose a time limit on how long you have to bring legal action from the time of your injury. This is known as a statute of limitations. Statute of limitations are intended to encourage potential litigants to settle their claims expediently before memories have faded, evidence may have been destroyed, and witnesses may become unavailable. In New York, the statute of limitations for premises liability actions like porch collapse, deck collapses, and roof collapses is 3 years.
Litigators can handle your porch or roof collapse injury lawsuit
The attorneys of Sullivan & Gallesahw are dedicated to fight for people who have suffered a serious injury due to the negligent or careless behavior of another person. If you have been seriously injured or if a loved one has been killed by a roof, deck, or porch collapse contact us today by calling 718-843-0300 or contact us online.