Balcony falls are among the most catastrophic injuries children sustain in residential settings. When an apartment complex fails to maintain safe balcony railings, balusters, or guardrails, the consequences can be life-altering or fatal. Florida premises liability law holds property owners accountable when dangerous conditions cause foreseeable harm to tenants and their families.
Why Balcony Safety Is a Legal Obligation
Florida building codes and landlord-tenant law require apartment property owners to maintain their premises in a reasonably safe condition. Balconies and elevated walkways are specifically regulated because the risk of injury from a fall is severe. When a railing is loose, missing, improperly spaced, or below code height, the property owner has created a hazardous condition they are legally obligated to remedy.
Establishing Negligence After a Balcony Fall
To bring a premises liability claim, the injured party must show that the property owner knew or should have known about the dangerous condition and failed to correct it. In balcony fall cases, evidence often includes maintenance records showing unreported or unaddressed repair requests, building inspection reports, prior complaints from tenants, and photographs of the defective railing or structure.
The Foreseeability of Child Injury
Property owners in residential complexes with families must reasonably anticipate that children will use balconies and outdoor spaces. Courts consistently hold that the presence of children increases the duty of care owed by landlords. If the building housed families with young children and the balcony hazard was known or discoverable, this foreseeability strengthens the negligence claim significantly.
Damages in a Child Balcony Injury Case
Injuries from balcony falls can include traumatic brain injury, spinal cord damage, broken bones, and internal injuries. The damages available include emergency and ongoing medical expenses, costs of rehabilitation and long-term care, pain and suffering, and in severe cases, compensation for permanent disability or disfigurement. When a child is killed in a balcony fall, a wrongful death claim may also be available.
Acting Quickly to Preserve Evidence
Evidence in premises liability cases can disappear rapidly. Landlords may repair the defect, surveillance footage may be overwritten, and witnesses’ memories fade. Reporting the incident and contacting an attorney as soon as possible allows your legal team to document the scene, preserve maintenance records, and protect your claim.
If your child was injured after falling from an unsecured or defective balcony, the property owner may be liable. DDRB lawyers handle premises liability cases throughout Florida and will fight to hold negligent landlords accountable. Contact us today for a free, confidential consultation.