A peaceful afternoon on your deck can turn into a nightmare when the structure gives way beneath you. Deck collapses in Charlotte happen more frequently than most property owners realize, often resulting from construction defects, maintenance failures, or code violations.
At Horton & Mendez, our experienced premises liability attorneys brings a unique advantage to your case. Our Charlotte deck collapse lawyers have experience working for multi-state insurance companies and wield that knowledge on behalf of plaintiffs today. This background gives us strategic insight into how insurers evaluate deck collapse claims and the tactics they use to reduce payouts.
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Common Causes of Deck Collapses in Charlotte
Deck failures rarely happen without warning signs. Your case will likely center on identifying the specific cause that led to the collapse. Most deck accidents stem from preventable issues that property owners, contractors, or maintenance companies should have addressed.
Most deck collapses result from one of four primary failure types that our investigation team looks for immediately:
- Structural deterioration from rotting support beams and corroded fasteners
- Construction defects, including substandard materials and code violations
- Weather-related damage from water infiltration and freeze-thaw cycles
- Overloading beyond the deck’s designed weight capacity
Structural problems often develop over time. Rotting support beams weaken gradually until they can no longer bear weight. Corroded fasteners lose their grip on connecting joints. Water damage seeps into wooden components, compromising their integrity.
Construction defects represent another major category we investigate thoroughly. Builders sometimes use substandard materials to cut costs.
Your Rights Under North Carolina Law
North Carolina operates under the pure contributory negligence system outlined in N.C. Gen. Stat. § 1-139. This legal framework creates an all-or-nothing situation when courts evaluate fault in your deck collapse case. You cannot recover damages if you contributed to the accident in any way, even minimally.
Insurance companies know this law well. They will aggressively search for any evidence that you played a role in causing the collapse. Their investigators might claim you overloaded the deck or failed to maintain it properly. They may argue you should have noticed the warning signs before the accident occurred.
Our Charlotte deck collapse lawyers vigorously defend against these tactics. We gather evidence to prove the collapse resulted entirely from the defendant’s negligence.
Charlotte Building Code Violations and Your Case
Charlotte follows the North Carolina State Building Code, which sets minimum standards for construction. Violations of these requirements can establish negligence in your case. Your legal team will investigate whether the deck met all applicable code standards at the time of construction.
Common code violations include inadequate foundation support, improper joist spacing, and insufficient railing heights. Missing or substandard fasteners also violate building standards. Each violation can strengthen your claim against the responsible parties.
The North Carolina Building Code requires specific inspection procedures during construction. Contractors must obtain permits and schedule inspections at various stages of the building process. Skipping these steps or receiving failed inspections can provide crucial evidence for your case.
Serious Injuries from Deck Collapses
Deck collapse injuries tend to be severe due to the sudden nature of the failure. You may have fallen several feet onto hard surfaces or been struck by heavy debris. The medical bills alone can overwhelm your family’s finances before considering lost wages and ongoing treatment needs.
- Spinal injuries frequently occur when people fall through collapsing deck structures. These injuries can result in permanent disability and require extensive rehabilitation.
- Head trauma is another serious concern, especially when victims strike concrete patios or other hard surfaces below the deck.
- Broken bones are common in deck collapse accidents. Arms and legs often suffer fractures when people try to break their falls. Rib injuries can cause breathing problems and internal complications.
- Soft tissue injuries should not be overlooked in your case. Severe cuts from broken lumber or metal components can require multiple surgeries.
- Deep bruises and muscle strains may limit your ability to work for months after the accident.
Proving Liability in Your Deck Collapse Case
Building a strong liability case requires gathering four critical types of evidence that insurance companies cannot dispute:
- Engineering analysis reports identifying the exact cause of structural failure
- Building permits and inspection records showing code violations or shortcuts
- Witness statements from people who observed the collapse or prior problems
- Professional photographs documenting the scene before cleanup begins
Engineering analysis often plays the most important role in proving why the deck collapsed. Qualified experts can examine the debris and determine whether construction defects, maintenance failures, or design flaws caused the accident. Their reports carry significant weight with insurance companies and juries.
Document review uncovers important details about the deck’s history. Building permits show whether construction followed proper procedures. Inspection reports may reveal code violations or safety concerns.
Potential Defendants in Your Case
Your deck collapse case may involve multiple responsible parties, each with their own insurance coverage and legal obligations:
- Property owners who failed to maintain safe structural conditions
- General contractors responsible for construction defects and code violations
- Subcontractors who performed defective electrical, plumbing, or structural work
- Product manufacturers whose defective materials or hardware caused the failure
- Design professionals, including architects and engineers, with inadequate plans
Property owners typically face primary liability for deck collapse accidents on their premises. They have a duty to maintain safe conditions and address known hazards. Landlords may be responsible for accidents involving rental properties where tenants lack control over structural maintenance.
Contractors who built the deck may be liable for construction defects or code violations. Their work must meet professional standards and comply with applicable building codes.
Areas We Serve in Charlotte
Our legal team represents deck collapse victims throughout the Charlotte metropolitan area.
We serve clients in these Charlotte area zip codes: 28202, 28203, 28204, 28205, 28207, 28208, 28209, 28210, 28211, 28213, 28215, 28216, 28226, 28269, 28270, 28273, 28277, 28278, and surrounding communities in Mecklenburg County.
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Contact Us Today
Your deck collapse case deserves experienced legal representation that understands both the technical aspects of structural failures and the insurance company tactics you will face. Our Charlotte deck collapse lawyers combine their background knowledge of insurance operations with aggressive advocacy for injury victims. Contact our experienced attorneys at Horton & Mendez today to discuss your case.
