Suing for Injuries From a Collapsing Ceiling or Building Structure

Suing for Injuries From a Collapsing Ceiling or Building Structure

A ceiling collapse or structural failure can turn an ordinary day into a life-altering disaster. Ceiling collapses are frightening events that often result in severe injuries and even fatalities. 

Victims and their families may be left facing significant physical, emotional, and financial burdens. Whether the collapse was caused by poor construction, inadequate maintenance, or hidden structural defects, you have the legal right to seek compensation. 

At Hill & Moin LLP, we have decades of experience in handling personal injury cases, including those involving construction accidents and premises liability. If you have been harmed in a building collapse, you deserve a law firm that prioritizes your safety and recovery. Contact us to schedule a free consultation today to learn more about your legal rights and options. 

Ceiling Collapses Can Happen in Different Types of Buildings

Ceiling or building structure collapses can occur almost anywhere, including:

• Commercial buildings: This can include offices, restaurants, retail stores, or hotels

• Residential homes or apartments: Poor maintenance or substandard construction are common causes in these locations

• Public spaces: This includes schools, gyms, theaters, or community centers

• Construction sites: Incomplete structures, scaffolding, or temporary ceilings may fail due to negligence

• Parking garages and warehouses: Heavy loads, vibrations, or weather damage can weaken structural integrity

Common Causes of Structural Failures

The following are some common causes of ceiling collapses:

• Neglected water leaks: Water damage from a leaky roof or pipe can cause a ceiling to rot. Water can slowly weaken roofs and ceilings, leading to a collapse.

• Poor construction: Weak support beams, improper installation, or the use of inferior materials can affect the structural integrity of a building and increase the risk of a ceiling collapse. 

• Overloaded structures: Too much weight on the roof from objects like storage, racks, furniture, or people can cause a collapsed ceiling. 

• Neglected inspections: Property owners may fail to regularly assess a building for wear, damage, or compliance with safety codes. 

• Improper renovations: Removing load-bearing walls or altering structures without proper engineering can result in a ceiling collapse.

• Heavy snow: The weight after a snowstorm can cause a ceiling collapse. This may be especially true in older buildings that haven’t been renovated to modern safety standards.

• Age of the building: This is especially a problem in New York City, where some of the oldest buildings in the country are still in use. Older buildings are more susceptible to collapse due to corrosion and wear and tear. 

• Improperly installed HVAC units: Roof-mounted HVAC units can be very heavy. If they are improperly installed, it can lead to a ceiling collapse. 

• Termites: These pests can move in and eat away at load-bearing and supporting beams. Without regular inspections and exterminators, a pest problem can eventually lead to a structural collapse. 

A Ceiling Collapse Can Cause Severe Injuries

When a ceiling collapses on someone, it can cause a wide range of injuries, depending on the circumstances. 

Common injuries from a collapsed ceiling include:

• Fractures
• Torn or injured rotator cuffs
• Back injuries
• Severe lacerations
• Joint trauma
• Respiratory injuries
• Spinal cord injuries
• Traumatic brain injuries

Some injuries may require long-term healthcare and rehabilitation, making it vital to pursue full and fair compensation. If you have sustained a serious injury in a building collapse, don’t hesitate to contact our law firm today. 

Who Is Liable for a Ceiling Collapse Accident?

Determining liability is one of the most important parts of any personal injury case. In ceiling collapse cases, multiple parties may share liability depending on the circumstances. 

Property owners

Owners have a legal obligation to keep their buildings safe for occupants and visitors. 

Reasons a property owner could be held liable for a ceiling collapse include:

• Failing to repair a known hazard
• Ignoring building code violations
• Allowing unsafe conditions to develop

As an example, an apartment landlord repeatedly ignores complaints about water leaking from the roof. Months later, the ceiling collapses due to rot, injuring a tenant.

Landlords and property managers

In rental properties, landlords and management companies must maintain the premises. 

Reasons a building manager could be held responsible for injuries include:

• Delaying necessary repairs
• Failing to inspect the building
• Hiring unqualified workers

For example, a hotel’s ceiling collapses in the lobby because management never repaired storm damage from the year prior.

Engineers and architects

Design professionals can be held accountable if the collapse results from flawed plans or structural calculations. For example, an architect designs a rooftop deck without accounting for snow load, causing the roof to fail during winter. 

Contractors and construction companies

Builders or contractors may be liable if the collapse stems from:

• Faulty materials
• Code violations
• Poor construction

As an example, a commercial building’s mezzanine collapses because the contractor used undersized steel beams that could not support the intended load. 

Maintenance and repair companies

If a ceiling collapse occurs shortly after maintenance work, the company hired to make repairs may be liable for using improper materials or performing substandard work. For example, a ceiling collapses after a repair company installs drywall without securing it properly to the joists. 

Manufacturers of defective building materials

If defective or substandard materials cause the failure, the product manufacturer or supplier may be responsible under product liability laws. This could be the case when concrete beams crack and crumble prematurely because they were made with an improper cement mix. 

It is complex to determine and establish liability in personal injury cases. Don’t risk your legal claim – get in touch with lawyers who will prioritize your safety and recovery by establishing the facts.

Legal Elements Needed to Establish Negligence in Premises Liability Cases

In order for your claim to be successful, you will need to establish certain legal elements. Our legal team knows how to build solid premises liability cases for our clients.

A skilled premises liability attorney from our law firm will work to prove the following:

• Duty of care: The property owner, manager, or other liable party owed you a duty of care.

• Breach of duty: The liable party breached that duty by failing to maintain the premises in a reasonably safe condition or warn you of known hazards. 

• Foreseeability: The hazardous property condition was foreseeable. Which means that a reasonable person would have anticipated the risk of harm and taken steps to prevent it. 

• Causation: The breach of duty was the direct cause of your injuries. Your lawyer will need to establish that the dangerous condition on the property was a factor in why you were harmed.

• Notice: The property owner had actual or constructive notice of the property hazard. Actual notice means he or she was aware of the dangerous condition. Constructive notice means they should have known about it through reasonable inspection and maintenance procedures.

• Damages: Your premises liability lawyer will also need to establish that you suffered compensable damages as a result of the dangerous property condition. This could include medical expenses, lost income, and more. 

What to Do After a Ceiling or Building Collapse

If you have been harmed in a ceiling collapse, taking immediate action can help protect your health and legal rights. 

1. Seek medical attention immediately

Your health is your top priority. Even if injuries seem minor, symptoms for some injuries, like concussions or internal organ damage, may not appear till later. 

2. Call 911

Contact emergency services and report the incident. Local authorities will need to secure and inspect the area. 

3. Document the scene

If possible, document the scene yourself or, if you are incapacitated, ask someone you trust to do so on your behalf:

• Take photos or videos from multiple angles
• Capture any visible hazards, such as broken beams or water damage
• Collect contact information from any witnesses
• Get recorded statements from eyewitnesses if possible

4. Notify the property owner or manager in writing

Provide formal notice of the incident. However, avoid making recorded statements or signing documents without legal advice.

5. Contact a personal injury lawyer

An experienced personal injury attorney can handle every aspect of your premises liability claim by:

• Investigating the incident
• Collecting evidence
• Communicating with the insurance company
• Handling negotiations
• Ensuring you receive maximum compensation for your losses

 

We at Hill & Moin LLP are known for our empathetic care of clients and our ability to maximize claims to ensure that each victim’s needs can be met. You can contact us anytime, day or night, to speak to a compassionate representative.

Evidence Used to Establish Fault in Ceiling Accident Cases

A successful claim depends on well-preserved, compelling evidence that links the collapse to negligence. 

The following are some types of evidence our lawyers use in ceiling accident claims: 

• Maintenance records: Our legal team will collect evidence of ignored maintenance requests or delayed repairs

• Inspection report: We will collect logs showing whether the building was regularly inspected

• Photos or videos of the scene: If available, we will get documentation of visible leaks, cracks, or deterioration from before the building collapse 

• Witness testimony: Our attorneys will get testimony from people who saw the collapse, reported the hazard, or noticed warning signs

• Building code violations: We will find records of any lack of safety standards or building code violations that could have contributed to the accident

• Medical records: We will request documentation of your injuries, treatment, and prognosis to link your injuries directly to the incident

Compensation Available to Victims of Ceiling and Building Structure Accidents

The personal injury lawyers at Hill & Moin LLP are skilled at pursuing a fair settlement for our clients. Your recoverable damages after a ceiling collapse accident will depend on a number of different factors, such as the extent of your injuries and who is liable.

Economic damages

Economic damages cover the financial losses you’ve experienced from the ceiling collapse or building structure accident. 

This includes:

• Medical expenses: Costs for doctor’s visits, hospital stays, surgeries, medications, and future medical care

• Lost wages: Income you have missed out on because you couldn’t work while recovering

• Property damage: Money for personal belongings destroyed in the ceiling collapse

Non-economic damages

Non-economic damages address the more personal and emotional impacts of the ceiling collapse injury, including:

• Pain and suffering: Compensation for the pain you have endured as a result of the accident

• Emotional distress: Damages for anxiety, depression, post-traumatic stress disorder, or other mental health issues since the accident

• Loss of enjoyment of life: If your injury has affected your ability to participate in hobbies or other activities you once enjoyed, you can receive compensation for this loss

Injured in a New York Collapsed Ceiling Accident? Contact Our Law Firm Today

Have you or a loved one been injured due to a collapsing ceiling or building structure? If so, you shouldn’t have to shoulder the financial and emotional burden alone. By filing a personal injury claim, you can seek the compensation you deserve and help prevent similar accidents from harming others in the future. 

At Hill & Moin LLP, we have the resources and experience needed to investigate complex building collapse cases, consult structural experts, and hold negligent parties accountable.

Contact our law firm today for a free case evaluation. We care about our clients and work hard to help them recover fair compensation. When you choose us to represent you, it’s like having a “lawyer in the family.”