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Balcony Railing Failure Injury Lawsuit Lawyers in Georgia


February 09, 2022

We trust balcony railings to be well maintained and stable when we use or lean on them. Unfortunately, some balcony railings are not well maintained and give way causing catastrophic injuries – or even death. A fall caused by a railing failure can leave the victim or the victim's family with substantial medical expenses and financial losses. These may be compensated through a balcony collapse claim or lawsuit. 

Montlick Injury Attorneys represent people who have been injured due to negligence. If you or a loved one have been harmed in a balcony railing accident, call us 24 hours a day, 7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333).  

The Obligations of a Property Owners in Georgia

Whether a property is zoned for residential use, an apartment building, hotel, or any other type of business, the property's owner owes their guests certain legal obligations. These responsibilities include the duty to perform frequent safety checks of the property – including staircases, balconies, and balcony railings – to make sure no dangerous conditions exist on their property. If hazardous conditions are found on the property, the owner has two options. First, the owner can have the dangerous condition fixed. For example, if an inspection of the property reveals an apartment's balcony has a dangerously loose balcony railing, the property owner could repair the railing.

Alternatively, the owner of the property could make sure that guests stay away from the unsafe condition. For example, if a hotel owner discovers that the balcony rail for room 330 is in jeopardy of collapse, the owner could refuse to rent the room to guests. The hotel owner will presumably take additional steps to protect all their guests from the hazardous railing by keeping room 330 locked at all times.

When a hazardous balcony condition exists, and it has been determined that a reasonable property owner should have found the hazardous condition, then the property owner could be treated as if they were aware of the dangerous condition even if they were not aware of the dangerous condition.

Holding a Property Owners Responsible for Balcony Railing Failure Injury or Death Claims

Under Georgia state law, the injury victim must prove negligence on the part of a property owner before the railing failure injury victim can hold the property owner responsible for losses. There may be other parties responsible for the accident in some negligence cases. For example, a company that improperly installs balcony railings may be held responsible for the accident. In Georgia, there are three elements in establishing negligence:  

  • The property owner owed the victim a "duty of care" to keep their property free from dangerous conditions;
  • The property owner behaved negligently and breached their "duty of care;"
  • The property owner's reckless behavior caused the victim's injuries.

These elements can be difficult to prove. A negligent property owner may claim that they completed routine safety inspections and they had no way of knowing the balcony railing was defective before its failure. Injury victims must be ready to counter this property owner's defense with witnesses who can prove that the property owner failed to perform the safety inspections or provide evidence that proves the property owner was negligent about maintaining their property in a safe state for their guests.

Put Our Law Firm's Over 38 Years Of Legal Experience To Work For Your Case!

At Montlick Injury Attorneys, we fight hard and work hard for our clients. If you or a loved one have been injured by another's negligent actions, call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries for over years.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour live chat.

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Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
(404) 529-6333
(800) LAW-NEED
Hours: Open Today · Open 24 hours
Plus Code: RMH6+38 Atlanta, Georgia, USA
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Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.