VIOLATION OF BUILDING CODES AND PREMISES LIABILITY IS YOUR APARTMENT, HOTEL ROOM OR OFFICE SAFE?
Premises liability assigns blame to the owner of the venue where a violation is committed. A building code is generally a set of rules that sets forth guidelines for acceptable safety levels for constructed objects such as buildings, apartments, hotels, houses and other structures. These codes were enacted to protect public health, safety and general welfare of individuals as they relate to the construction and occupancy of buildings and structures.
I recently concluded a case where a young mother and her two year old daughter stepped on her apartment balcony, which was three stories above the ground, after which the balcony became unsecured from the premises, tilted to the ground causing the plaintiff to be thrown three stories resulting in a substantial and life altering injury. Our experts and structural engineers investigated the matter and determined that the balcony was never secured properly, was improperly maintained, and was never inspected in a proper and due fashion. A method of affixation of the balcony to the building was in violation of the building codes. The landlord’s failure to maintain and inspect the balcony was completely irresponsible and negligent, subjecting a rent-paying tenant to undue risk, harm and, ultimately, life changing injuries.
Building codes were established to set forth minimal acceptable standards necessary for protecting people and property. Normally, we hear about violation of building codes when a natural disaster strikes. However, many times owners of homes, buildings, or apartments attempt to save money by taking shortcuts in violation of local laws and building codes. For example, commonly electrical work is performed by non-licensed electricians. The fire prevention code limits the number of wires under each screw in a receptacle or switch. It appears safe to use but fires can occur when the second wire pops out from underneath the screw so one is maximum. Code also requires that outlets be placed every six feet along walls in most rooms and every two feet along kitchen counters to accommodate short safety cords on kitchen appliances. Also, all light fixtures must be grounded. In kitchens, there must be a 15 amp lighting circuit, as well as a separate circuit for the dishwasher and refrigerator and two 20 amp circuits for receptacles. Local and federal codes change regularly so it is important that the necessary research be committed before starting a project.
For approximately 30 years, the Philadelphia personal injury lawyers of Pennsylvania personal injury attorneys have been successfully prosecuting premise liability claims. Property and land owners are required to maintain their properties in such a way that it protects those who are lawfully upon the premises.
Owners of locations and facilities are required to provide a secure environment and their failure to adhere to this responsibility may compromise the safety and security of all persons existing on the property and if an injury is caused from their failure to adhere to these responsibilities, the injured person is entitled to recover compensatory damages. One can typically assume that the premise or building they are occupying has all the necessary safety precautions in place and is in accordance with all codes. Often not only are building, apartments and hotels constructed with code violations, but there is also insufficient maintenance practices in effect. Some situations can increase the likelihood of a slip and fall episode, such as faulty railings, slippery or poorly maintained floor surfaces, insufficient walking space, the ability of ice, rain or snow or other hazards to exist as well. Often times owner negligence or improper training practices for maintenance crews may contribute to hazardous conditions and as a result a liability for a slip and fall can be contributed to these people.
Business owners have the highest responsibility to the public that has invited them to their premises to purchase something or use their services. Business owners have an absolute obligation to make sure that their premises are free from defects which exist on the premise and any other defects through a reasonable investigation can be found to exist on the premise and cause injury. An example of this would be loose floor boards, holes on the steps, loose carpets, cracks in the ceiling (indicating structural failure) or many other situations which may cause dangerous conditions.
Recently our firm successfully recovered substantial compensatory damages for an apartment lessee who sustained second and third degree burns as a result of a defective water heater where the water was heated to scalding temperatures and there was not a code mandated temperature regulator on the same. Additionally, we just secured a confidential and substantial settlement for a woman who fell from her third floor balcony as it became unsecured.
If you believe that you have been injured through the violation of a property code or of a property owner or the owner or business establishment failed to provide you with a safe and secure environment, please contact the experienced Philadelphia personal injury lawyers at the law firm of Reiff and Bily. The Pennsylvania personal injury lawyers at Reiff and Bily Reiff and Bily work on a contingent fee basis, charging a small percentage of recovery. They will not get paid one cent unless there is a successful recovery. They have handled thousands of personal injury cases since 1979 and have recovered in excess of $150 million dollars from their opponents for physical injuries and emotional damages.
