Los Angeles Balcony Accident Lawyers, Railing Failures and Balcony Collapses
Balcony collapses and railing failures are almost never accidents. They are the result of defective construction, deferred maintenance, or negligent inspection. We prove it.
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Former Insurance Defense
David Lederer and John Nojima defended insurers for years before switching sides. They know every strategy the adjuster will use to reduce your settlement.
No Fee Unless We Win
Zero upfront cost. We work on contingency, our fee comes from your recovery. If we do not win, you pay nothing.
Free Consultation 24/7
Call any time. We respond to urgent matters around the clock and take over all insurer communication the day you hire us.
What Premises Liability Clients Say
“John Nojima was very attentive and made sure that my well-being and my vehicle were well taken care of. Mr. Nojima and his staff often worked extended hours to accommodate my schedule.”
“LNTL is one of the best personal injury firms in Southern California. They handled my case with professionalism and genuine concern for my recovery.”
What the Insurance Company Will Not Tell You After a Balcony or Railing Failure
These are tactics we used when we defended insurers. Now we expose them.
Blame you for leaning on the railing with excessive force
California Building Code requires railings to withstand specific load ratings. When a railing fails under normal use, the structural defect, not your behavior, is the cause. We retain a structural engineer to prove it.
Arrange emergency repairs before you can document the failure
Insurance carriers move fast after a balcony collapse. They push for immediate repair to eliminate the physical evidence before it can be documented. We send a spoliation letter the same day you call us, legally obligating them to preserve the scene.
Argue you assumed the risk of a visibly deteriorated structure
This defense requires that the risk was open, obvious, and voluntarily accepted. When the structural failure was concealed inside wall cavities or beneath paint and caulk, you had no way to know. The assumption of risk defense collapses.
What to Do Immediately After a Balcony or Railing Failure
- 1
Call 911 and get immediate medical attention.
- 2
Photograph every aspect of the failed balcony, railing, or deck, especially hardware, attachment points, wood condition, and concrete, before any repair.
- 3
Note any visible signs of dry rot, rust, cracking, or improper installation.
- 4
Do not allow any repairs to proceed until you have legal counsel.
- 5
Get names of any witnesses who saw the failure.
- 6
Report the incident to the property owner in writing but do not sign any documents.
- 7
Call us, we can send a legal spoliation letter immediately to prevent evidence destruction.
How We Handle Your Balcony Accident Case
Free Consultation
We review your case at no charge. We identify all liable parties, landlord, original contractor, subcontractors, and tell you what your case is worth.
We Take Over
We send a representation letter and a spoliation notice simultaneously. From this point, the property owner cannot destroy or alter the evidence without legal consequence.
Investigation
We retain a structural engineer and a construction defect expert to inspect the failed structure, review building permits, and identify code violations. We pull inspection records and maintenance logs.
Demand and Negotiation
Our demand documents every liable party, landlord's deferred maintenance, contractor's defective work, inspector's missed violations. We know which arguments insurers will raise because we raised them.
Settlement or Trial
Construction defect and premises cases often settle when confronted with engineering reports. When they don't, we try them.
Compensation You May Be Entitled To
California Law: Balcony and Railing Failures
California landlords have a statutory duty to maintain rental properties in a habitable condition under Civil Code section 1941. A balcony railing or deck structure that fails under normal use is a direct breach of this duty. Beyond the general habitability requirement, Senate Bill 721 (2018) added a specific inspection mandate for elevated exterior elements in multi-family buildings with three or more units. Landlords must have these structures inspected by a licensed contractor or engineer on a defined schedule. Failure to conduct required inspections, or failure to repair deficiencies identified in an inspection, is direct evidence of negligence.
When the failure results from original construction defects rather than maintenance failure, claims may also lie against the original contractor, subcontractors, and design professionals. California construction defect law provides a 10-year statute of repose for latent construction defects under Civil Code section 941, meaning claims against builders can survive for up to a decade after substantial completion. The California Building Code imposes specific load requirements on balcony railings and deck structures, engineering analysis of whether the failed structure met those requirements is typically central to these cases.
Personal injury claims arising from balcony and railing failures are governed by the standard two-year statute of limitations under California Code of Civil Procedure section 335.1. Call us immediately after the incident, the most critical action in any balcony failure case is preserving the physical evidence before the property owner arranges repairs.
Frequently Asked Questions
Can I sue my landlord if my apartment balcony railing failed?
Can I sue the contractor who originally built the defective balcony?
The business where I was injured says I assumed the risk of using the balcony. Is that true?
What are the most common causes of balcony and railing failures?
Why is it critical to stop any repairs before we investigate?
Premises Liability Case Results
The following results are from actual Lederer & Nojima cases. Every case is different.
The case results displayed are not a guarantee or prediction of the outcome of any future case. Every case is different. Past results do not guarantee similar outcomes.
Related Practice Areas
Injured in a Balcony or Railing Failure in Los Angeles? Call Now.
No fee unless we win. Former insurance defense attorneys on your side.
Available 24/7 · No fee unless we win · (310) 312-1860