Legal Question in Personal Injury in Oregon
Fall injury at apartment complex.
My 11 year old daughter was standing on a second story balcony at an apartment complex, posing for a picture (along with 14 other 11-13 year olds), when the balcony collapsed. Nine of the girls were transported by ambulance to the hospital. All injuries were minor (thank God). My daughter received scrapes, bruises, and cuts. She has so far been to a physical therapist twice. The balcony support members were obviously rotten. Other nearby supports had recently been replaced and the apt. manager confided to the police that they were aware of the problem with the rotten wood and had planned to replace them. The apartment tenant was not informed of the condition of the balcony. I am concerned about long term problems (physical) for my daughter. What would you advise I do to protect my daughter against future problems? Thanks.
1 Answer from Attorneys
Re: Fall injury at apartment complex.
Your daughter obviously has a claim against the owners of the apartment complex for negligence in failing to repair/maintain the balcony and for failure to warn of its dangerously unsafe condition. The complex should have insurance to cover the claim, but they may not value the claim fairly. A conservatorship should be established for you child's claim and settlement funds should go there to cover her damages.
With this type of claim, the proof can get stale rather quickly as the repairs are made. Photos should be taken right away and an expert should inspect the balcony for defects before the condition disapears.
My firm handles personal injury claims like this. All cases are handled on a contingency basis and we advance all costs for the clients. If you want assistance, please call at 503-222-0056 or send an email. There is no charge for the consultation. You should also know that we handle over 400 cases per year and I personally conduct the trials for the firm, averaging 2-3 per month.
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