By Pierce Blitch
Outdoor decks offer a great way to enjoy the outdoors at homes, apartments, restaurants, and commercial properties throughout Georgia. However, many people don’t realize that these pleasant spaces can hide serious dangers, leading to severe injuries or even death.
Common Causes of Deck Collapses
Each year, many people are hurt or killed due to deck collapses. These incidents are often preventable and can be traced back to building code violations. Key issues include:
- Failure to Protect Against Decay: Building codes require that all structural elements exposed to weather be protected against decay. This typically involves using preservative-treated lumber. If regular lumber is used, it must be treated on-site and painted to comply with the codes.
- Inadequate Fasteners: Building designs sometimes fail to specify the right fasteners for attaching decks. Codes require that fasteners, joint hangers, and anchor straps be made from corrosion-resistant materials like galvanized steel or stainless steel. Decks must be attached to the main structure with specific lag screws, bolts, and washers, not just nails. Contractors may cut corners by using untreated or undersized nails, which can lead to fatal outcomes.
- Insufficient Support and Anchoring: Current codes mandate that decks be anchored against wind uplift and laterally braced to prevent them from becoming projectiles in high winds or earthquakes. Footings must support the deck’s weight and secure it against wind uplift.
- Noncompliant Guardrails and Handrails: Codes require guardrails for decks over 30 inches above the ground. These guardrails must be at least 36 inches high, with balusters no more than 4 inches apart. Screened porches and decks over 30 inches above grade must also have guardrails. If stairs have more than one riser, handrails are required, and guardrails are needed if the staircase is more than 30 inches above the ground or floor below.
Proving Liability in Deck Collapse Cases
In Georgia, builders have an eight-year statute of repose for defective deck construction under O.C.G.A. § 9-3-51. To prove a property owner is liable for injuries or death from a deck collapse, it is essential to establish the cause of the collapse, such as defective construction, inadequate maintenance, or overloading. Expert testimony about specific code violations and inadequacies can support your case. Additionally, it is necessary to show that the property owner had actual or constructive knowledge of the hazard.
Deck collapses can have devastating consequences, but many incidents are preventable with proper construction and maintenance. If you or a loved one has been injured in a deck collapse, understanding your rights and the builder’s or property owner’s responsibilities is crucial.
CALL THE Blitch Law Firm ATTORNEYS AT LAW TODAY TO DISCUSS YOUR PERSONAL INJURY CASE
We fight for you, and we don’t back down. Every personal injury case has potentially life-altering consequences. We don’t hold back on providing our clients the best possible representation. At The Blitch Law Firm, we understand the physical, emotional, and financial toll a personal injury case can take. If you, a family member, or a close friend has been injured due to someone else’s negligence, contact The Blitch Law Firm today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your unique case and our dedicated personal injury strategies with one of our compassionate and experienced attorneys.
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