Balcony Collapse Injury Claims in New York
As a personal injury attorney, I have witnessed the devastating impact a balcony collapse can have on someone’s life. One moment, you are enjoying time with friends or family, and the next, your world is turned upside down. Injuries from a balcony collapse are often serious—broken bones, spinal trauma, traumatic brain injuries, or worse. When something like this happens, your first priority should be your health. But after you or your loved one has received medical care, it’s critical to understand your legal rights and take action to protect them.
Balcony collapses don’t just happen out of nowhere. They often result from negligence—whether it’s a property owner failing to inspect the structure, a contractor using defective materials, or a management company ignoring obvious signs of wear. Under New York law, if someone else’s failure to maintain a safe environment caused your injury, you have the right to seek compensation for your medical expenses, lost wages, and pain and suffering. I’m here to help you do exactly that.
Who’s Responsible When A Balcony Collapses?
In New York, premises liability law applies when someone is injured due to unsafe conditions on another person’s property. Property owners, landlords, and property managers have a legal duty to keep their buildings reasonably safe. That includes ensuring that balconies, decks, and terraces are structurally sound and properly maintained.
New York premises liability law is grounded in both case law and statutory rules. Under New York Multiple Dwelling Law § 78 and New York City Building Code § 28-301.1, property owners are required to maintain their buildings, including balconies, in a safe condition. Failure to do so can result in both building code violations and civil liability.
When I investigate a balcony collapse, I look at whether the property owner knew—or should have known—about dangerous conditions, such as:
- Rotting wood or rusted supports
- Loose railings or corroded metal brackets
- Poor construction or unpermitted modifications
- Signs of sagging, cracks, or loose floorboards
- Missed inspections or ignored maintenance requests
If there’s evidence that the owner or management company ignored safety concerns, they may be held legally responsible under New York negligence law.
Contractors, Maintenance Crews, And Liability
Liability doesn’t always stop with the property owner. Construction companies, repair contractors, or maintenance providers may also be responsible if poor workmanship or negligent repairs caused the collapse. In some cases, a design defect from an architect or structural engineer may also play a role.
When I take on one of these cases, I often work with building safety consultants or structural engineers to evaluate the cause. That allows us to identify every party that may share responsibility—and pursue full compensation on your behalf.
Types Of Injuries From Balcony Collapses
Falling from a balcony can cause catastrophic injuries. Some of the most common injuries I see in these cases include:
- Spinal cord injuries and paralysis
- Broken arms, legs, hips, or ribs
- Traumatic brain injuries
- Internal organ damage
- Severe lacerations or impalement injuries
- Wrongful death
These injuries can require months—or years—of medical treatment, surgeries, rehabilitation, and therapy. Many of my clients are left unable to work or care for themselves the way they used to. If your injury was caused by someone else’s negligence, you deserve to be compensated for every aspect of what you’ve lost.
How Long Do You Have To File A Balcony Collapse Claim In New York?
Under New York law, the statute of limitations for personal injury claims is generally three years from the date of the accident (CPLR § 214). However, if the claim involves a municipality, such as the New York City Housing Authority (NYCHA), you must file a Notice of Claim within 90 days and start the lawsuit within one year and 90 days.
If the balcony collapse resulted in death, a wrongful death lawsuit must be filed within two years under New York Estates, Powers and Trusts Law § 5-4.1.
Because these deadlines are strict, it’s important to speak with an attorney as soon as possible after the incident. Waiting too long could mean losing your right to recover compensation entirely.
Balcony Collapse Claim Frequently Asked Questions
Who Can Be Held Responsible For A Balcony Collapse In New York?
Multiple parties may be liable, including the property owner, landlord, management company, contractor, or even the architect. The key question is whether they knew—or should have known—about unsafe conditions and failed to act.
What Should I Do Immediately After A Balcony Collapse Injury?
Seek medical attention right away, even if injuries seem minor. Then, if possible, document the scene by taking photos or videos. Get contact information from any witnesses and request copies of incident reports if available.
How Do I Prove The Property Owner Was Negligent?
Negligence is proven by showing that the property owner had a duty to maintain a safe structure, breached that duty, and caused your injury as a result. Evidence may include inspection records, building code violations, maintenance logs, and witness statements.
What If I Was A Guest At A Friend’s Apartment Or An Airbnb?
Even if you were a guest, you still have the right to file a claim against the property owner or Airbnb host if negligence led to your injury. Property owners owe a duty of care to all lawful visitors.
Can I still file a claim if the building Passes the inspection?
Yes. Passing an inspection doesn’t shield a property owner from liability if other evidence shows that the balcony was unsafe or improperly maintained. Inspections may miss critical issues or fail to account for later damage.
How Long Will It Take To Resolve My Case?
Every case is different. Some settle in a few months, while others take a year or more if litigation is required. I work hard to move each case forward efficiently while maximizing your recovery.
Will My Case Go To Court?
Many injury claims are settled out of court. However, I always prepare each case thoroughly in case a trial becomes necessary. If the insurance company refuses to offer fair compensation, we’ll be ready to take your case to court.
Can I Afford To Hire A Lawyer For This Type Of Case?
Yes. At Jonna Spilbor Law, we work on a contingency fee basis. That means you pay nothing unless we win your case. We only get paid when you do.
What If A Loved One Died In A Balcony Collapse?
If you lost a family member due to a balcony collapse, you may have a wrongful death claim. That can include compensation for funeral expenses, lost income, and emotional loss. These cases are especially sensitive, and we’re here to guide you through every step.
How Do I Know If I Have A Case?
If you were injured due to a collapsed balcony—or any unsafe condition on someone else’s property—it’s worth speaking with an attorney. We can evaluate your case for free and explain your legal options.
Our Fishkill Personal Injury Attorneys Take a Team Approach on Every Case
At Jonna Spilbor Law, we understand how serious a balcony collapse can be. These injuries are often life-changing, and the legal process can feel overwhelming when you’re trying to recover. We take pride in giving each client the attention, care, and legal strength they deserve.
Call Jonna Spilbor Law today to receive a free consultation at (845) 485-2529. Our Fishkill personal injury attorneys represent clients throughout the Hudson Valley, Dutchess County, Putnam County, and New York City. Let us help you get the justice and compensation you deserve.
