Deck Collapse Accident Results in $180K Settlement
A woman who was injured in a deck collapse was able to get her fair share of compensation for the injuries she suffered. The woman was represented by
Mr. Tony Kalka, one of our knowledgeable Atlanta personal injury lawyers at
Kalka & Baer, LLC. The attorney sent a demand latter to the property owner's insurance company on the victim's behalf. In the demand letter, Mr. Kalka and another lawyer clearly laid out the details of the accident, the victim's injuries, the victim's medical expenses, the other damages that occurred as a result of the accident and the grounds for the insured party's liability.
The client's claim stemmed from a deck collapse accident that occurred on Sept. 8, 2012 in Cobb County. The woman was at a house located in Powder Springs, Georgia. She and her friends were preparing to play cards on the deck when, out of nowhere, it collapsed to the ground, according to the details provided in the demand letter. Mr. Kalka's client suffered from various injuries, which included a fracture in her left foot and a serious sprain of her right ankle. These injuries led to severe pain and ongoing complications that occurred in the several months following the accident. The deck collapse also resulted in the woman having to use a wheelchair and crutches.
There were also other injuries the accident victim suffered from. These included recurring neck and back pain and headaches that the victim experienced for months. The woman became unable to engage in many of her everyday activities for a number of months. Even now, when she engages in activities that involve bending, standing or walking for extended periods of time, she suffers from significant pain. With all of the doctor's visits and treatments the woman endured, her medical bills ended up being very expensive. She was also informed that further worsening of her foot and ankle problems could lead to a need for surgery in the future.
Mr. Kalka and the other attorney involved in the case argued in the demand letter that the property owner was liable for the damages from the accident because of a failure to properly inspect the deck before renting out the house. According to the letter, about a month after the incident, Kalka & Baer had an expert inspection of the deck completed. The results of the inspection showed that the deck ledger was not properly attached to the wall of the house—the ledger was connected to the wall using three lag screws in addition to a handful of nails. The inspector stated that about 12 lag screws would have been required for a safe attachment and that the insufficient number of lag screws could have been determined through a visual inspection prior to the occurrence of the deck collapse. According to O.C.G.A. §51-3-1 and case law cited in the demand letter, property owners have a duty to carry out a reasonable level of care of their properties in order to keep the premises safe for visitors. As a result of Attorney Kalka's hard work, the settlement was successfully reached.
Have you been injured in deck a collapse accident in Powder Springs or in a surrounding community? If you have, do not hesitate to reach out to our legal team t Kalka & Baer, LLC. We provide aggressive legal representation for injury victims who are seeking compensation through claims and lawsuits. Contact us today!