Neglected Property is More Than an Eyesore

Imagine it: you’re enjoying a gathering with friends at a good friend’s home. You’re laughing, basking in the comfort and serenity that comes from being surrounded by good company. A friend suggests heading from the warm apartment to the balcony; the cool air would be a welcome reprieve and the cloudless night will offer a spectacular view of the city. You head to the balcony and lean against the rail, slightly leaning forward to catch a glimpse of the view. Suddenly, and without warning, you hear the squeal of metal against the brick structure and feel the railing give and disappear behind you. You begin to fall, the vague sound of the gasps and screams from your friends emanating in our ears, and you plunge deeper and deeper into darkness.

This story is a dramatized narrative of the death of a 23-year old. His family engaged Kiley Law Group following this incident, where he sustained fatal injuries to his head, neck, and torso with fractures of the skull and back and injuries to his heart. An unfortunate accident, this could have been avoided with proper enforcement of state building codes, proper maintenance and upkeep.

The guardrail of the balcony was defective and unreasonably dangerous in that the guardrail was in violation of the state building codes and failed to meet the height requirements. The lateral deflection of the guardrail was also excessive and contributed to its dangerous condition in that anyone reaching over and leaning against the guardrail would cause it to deflect, increasing the tendency for that person to overbalance and fall.

While to the average person there was nothing that could have prevented this accident, those in construction, building maintenance, and property managers have a responsibility to ensure buildings and other structures are built to meet, and exceed, the necessary safety standards and parameters in order to protect the lives of everyone around us.

Property owners have a responsibility to ensure their premises are reasonably safe for passage and free of injury threats. However, when a property is not appropriately maintained, lacks adequate lighting or does not have clear warning signs for existing hazards, slip-and-fall accidents, chemical exposure and other dangers, incidents can result in severe and costly injuries to innocent people.

Kiley Law Group has more than three decades of experience as advocates for injury victims. For the family of the victim you read about earlier, our firm was able to secure $1 million, continuing Thomas Kiley’s legacy of being “the Million-Dollar Man.” Kiley Law Group has made a reputation by earning restitution for victims and the families of victims after avoidable accidents.

So what can you do to prevent the potentially deadly effects of a dangerous or defective property? As the old saying goes, “If you see something, say something.” If ever you notice something that seems eroded, out of place, or in need of repair, make sure to report it to your landlord or property manager. Follow up with them regularly to make sure these things have been properly evaluated and repaired. You never know when your intervention could prevent a tragedy.

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