Why Uneven Planks or Decks Cause Serious Trips and Falls in Fort Myers
Your deck and balcony might be hiding dangerous hazards that could lead to catastrophic falls. According to the Consumer Product Safety Commission, over 6,500 people were rushed to emergency rooms for injuries caused by unsafe decks between 2003 and 2015, with 29 of those accidents resulting in death. Unfortunately, this danger is more widespread than you might realize.
In fact, the North American Deck and Railing Association reports that of the 60 million decks across the United States, approximately 30 million need repairs or replacement. While understanding the difference between deck and balcony structures is important, ensuring their safety is even more critical. Falls can happen to anyone, but seniors are particularly vulnerable - the National Council on Aging notes that every 11 seconds, an older adult requires emergency treatment for fall injuries. If you've experienced injuries from a deck collapse, consulting with a deck collapse attorney can help you understand your legal options for compensation.
What makes uneven deck and balcony planks so dangerous?
Uneven planks on your deck or balcony create silent traps that can lead to devastating falls. When walking surfaces become compromised, everyday activities turn hazardous, especially for elderly individuals or anyone with mobility issues.
Rotting wood and moisture damage
The silent destroyer of deck and balcony structures is moisture. When water infiltrates wooden components, it initiates a destructive cycle that compromises structural integrity. Wood begins to decompose when its moisture content exceeds 30%, creating the perfect environment for fungi and mold to thrive. This decomposition process transforms solid, reliable planks into soft, spongy hazards that can collapse under your weight.
Regular exposure to rain, humidity, and even morning dew causes wooden boards to expand and contract repeatedly. Subsequently, this constant cycle forces the wood to crack, split, and eventually break apart. Notably, areas where water pools—such as around fasteners or in gaps between boards—become particularly vulnerable to accelerated decay.
Warped or cupped boards
Temperature fluctuations and moisture exposure cause boards to distort from their original shape. Cupping occurs when boards bend edge-to-edge, forming a U-shape. Meanwhile, bowing happens when boards curve along their length, with both ends lifting off the surface. Furthermore, twisting—where corners no longer align—creates uneven walking surfaces that become serious tripping hazards.
These warped surfaces create unpredictable elevation changes under your feet, making navigation treacherous. Additionally, attempting to force warped boards flat often results in splitting, creating new hazards.
Loose or protruding nails and screws
Seasonal changes generate sufficient force to loosen fasteners throughout your deck. During winter months, lower humidity causes decking boards to shrink, opening up nail holes. Conversely, summer humidity makes wood expand, forcing nails upward. Over several years, this cycle can leave nail heads protruding by approximately half an inch.
Loose or protruding fasteners create multiple dangers—they can catch on clothing, cause cuts to bare feet, injure pets, and create tripping hazards. During inspections, look for any metal nails, screws, or connectors that show signs of corrosion or rust, as these weaken the entire structure.
Hidden gaps and elevation changes
Proper spacing between deck boards serves essential purposes—allowing for wood expansion in hot weather, facilitating drainage, and preventing moisture buildup. Nevertheless, when gaps become irregular or excessive due to improper installation or board shrinkage, they create unexpected hazards.
Uneven surfaces along walkways, patios, and decks should be repaired immediately. Small elevation changes between boards might seem minor, yet they create perfect conditions for tripping. Moreover, gaps that are too large can catch heels, toes, or assistive devices like canes or walkers.
Who is responsible for injuries caused by unsafe decks?
When a deck or balcony collapse causes injuries, determining who bears legal responsibility becomes crucial for victims seeking compensation. Multiple parties could potentially be liable, depending on the specific circumstances surrounding the accident.
Homeowners, business owners, and landlords
Homeowners have a fundamental duty of care to keep their property safe for visitors. Consequently, if you suffer injuries from a deck collapse at someone's home, the homeowner may be held responsible through their homeowners liability insurance. Landlords and business owners face even stricter obligations—they must maintain safe living conditions for tenants, including ensuring that structures like balconies meet safety standards. Under the implied warranty of habitability, they must provide rentals that satisfy basic health and safety requirements, regardless of what the lease states.
Property management companies
Large apartment complexes often employ management companies responsible for maintenance and safety inspections. These companies assume the property owner's duty to ensure decks and balconies remain structurally sound. Specifically, they must conduct regular inspections, address reported issues promptly, and maintain documentation of all safety-related activities. Should they neglect these responsibilities, they could be held liable alongside the property owner.
Construction and repair contractors
Builders, architects, and repair professionals bear significant responsibility for deck safety. Contractors must strictly follow building codes and ensure proper installation of all components. Furthermore, even when following provided plans, contractors who know or should know that compliance with specifications might result in a defect have a duty to alert property owners before proceeding with work. Engineers and architects whose designs contain structural flaws may also face liability for resulting injuries.
Municipal inspection failures
Local government officials responsible for enforcing building codes can sometimes share liability. In some jurisdictions, municipalities must inspect buildings and issue citations for safety violations. Failure to identify code violations or negligence in the inspection process could potentially establish partial government responsibility, particularly when collapsed structures violated size limitations or other critical safety standards.
Common injuries from deck and balcony falls
Falls from decks and balconies result in thousands of injuries annually, with an estimated 86,500 balcony fall-related injuries treated in US hospital emergency departments from 1990 through 2006. The consequences of these falls can be life-altering, ranging from mild to catastrophic injuries.
Head trauma and concussions
Head injuries occur in 64% of patients who fall from decks or balconies. Children are particularly vulnerable, being 2.42 times more likely to sustain concussions or closed head injuries compared to adults. Skull fractures are 5.86 times more common in younger victims. These injuries can range from mild concussions to severe traumatic brain injuries, including subdural hemorrhages and cerebral contusions. Unfortunately, 41% of patients require surgery for brain trauma.
Broken bones and fractures
Broken bones represent the number one injury in balcony and deck collapses. As you fall, your natural instinct is to brace yourself with your hands or feet, causing these limbs to absorb the full impact. Common fractures include broken arms, legs, wrists, and hips. The elderly are particularly susceptible to hip fractures, which can be life-threatening. Compound fractures—where bones break through the skin—create additional risks of infection and internal bleeding.
Spinal cord and back injuries
Spinal cord damage fundamentally disrupts the body's "communication highway" between brain and body. Falls from buildings and ladders typically result in thoracic and complete spinal injuries, whereas lower-level falls often cause cervical and incomplete injuries. Paralysis can be classified as paraplegia (affecting the lower body) or tetraplegia/quadriplegia (affecting all limbs). Beyond mobility issues, spinal injuries may cause chronic pain, loss of bowel control, respiratory problems, and circulation complications.
Emotional distress and phobias
The psychological impact of falls often outlasts physical recovery. Many victims develop post-traumatic stress disorder (PTSD), experiencing flashbacks, nightmares, and intrusive thoughts about their accident. Fear of falling again is common, sometimes developing into debilitating anxiety that prevents normal activities. Depression frequently follows, particularly when falls result in permanent physical limitations. These psychological effects can manifest as hypervigilance, isolation, sleep disturbances, and loss of confidence in your mobility.
Legal options and compensation for victims
After suffering injuries from a deck or balcony collapse, understanding your legal rights becomes essential for securing proper compensation. First and foremost, Florida law provides several pathways to hold negligent parties accountable.
Understanding premises liability law
In essence, premises liability law requires property owners to maintain safe environments for visitors and tenants. Property owners must exercise reasonable care to maintain, inspect, and repair dangerous conditions—or provide adequate warnings about hazards. When a deck collapses, liability may extend beyond just the property owner to include property managers, maintenance companies, builders, and even municipal inspectors who failed to identify code violations.
What a deck collapse or trip and fall attorney can do for you
A specialized deck collapse attorney thoroughly investigates your case by collecting crucial evidence, including maintenance records, building permits, and inspection reports. They identify all potentially liable parties—from homeowners and landlords to construction companies and material manufacturers. Above all, they accurately calculate your total damages and negotiate with insurance companies on your behalf while you focus on recovery.
Types of compensation you may be entitled to
Victims may receive compensation for:
Current and future medical expenses
Lost wages and diminished earning capacity
Pain and suffering
Emotional trauma and mental anguish
In a recent case, a man received $1.2 million after falling due to a defective balcony railing, with compensation covering medical expenses, pain and suffering, and loss of normal life.
Why timing matters: statute of limitations in Florida
Important to realize, Florida recently changed its personal injury statute of limitations from four years to two years for cases occurring after March 24, 2023. Missing this deadline typically results in dismissal of your case, regardless of how clear the liability is. Certain exceptions exist for minors, incapacitated individuals, or when defendants leave the state.
If you have been injured in a trip and fall accident and need an attorney, call Fort Myers, Cape Coral, Estero, Bonita Springs, and Naples Trip and Fall Lawyers at Pittman Law Firm PL today for a free consultation.
Conclusion
Uneven deck and balcony planks pose serious dangers that many homeowners overlook until tragedy strikes. Throughout this article, we've examined how rotting wood, warped boards, protruding fasteners, and hidden gaps create perfect conditions for catastrophic falls. Additionally, we've clarified who bears legal responsibility when these accidents occur - from property owners and landlords to contractors and municipal inspectors.
The injuries resulting from these falls can be life-altering. Head trauma, broken bones, spinal cord damage, and lasting emotional distress affect thousands of victims annually. Therefore, regular inspections and prompt maintenance remain your best defense against becoming part of these statistics.
Understanding your legal rights becomes essential if you or a loved one has suffered injuries from an unsafe deck or balcony. The recent change in Florida's statute of limitations - from four years to two years for cases after March 24, 2023 - makes timely action even more critical. If you have been injured in a trip and fall accident and need an attorney, call Fort Myers, Cape Coral, Estero, Bonita Springs, and Naples Trip and Fall Lawyers at Pittman Law Firm PL today for a free consultation.
Deck safety should never be an afterthought. Take preventive measures now to identify potential hazards before they cause harm. Certainly, the cost of maintenance pales in comparison to the physical, emotional, and financial toll of a serious fall. Your vigilance today could prevent a devastating injury tomorrow.
FAQs
Q1. How often should I inspect my deck or balcony for safety issues? It's recommended to inspect your deck or balcony at least once a year. Look for signs of rotting wood, loose fasteners, warped boards, and uneven surfaces. If you live in an area with extreme weather conditions, more frequent inspections may be necessary.
Q2. What are the most common injuries from deck and balcony falls? The most common injuries include head trauma, broken bones (especially in arms, legs, and hips), spinal cord injuries, and psychological trauma such as PTSD or fear of heights. The severity can range from mild concussions to life-threatening conditions.
Q3. Who is responsible if someone gets injured due to an unsafe deck or balcony? Responsibility can fall on various parties, including homeowners, landlords, property management companies, construction contractors, or even municipal inspectors. The specific circumstances of the accident and local laws determine who may be held liable.
Q4. What should I do if I've been injured in a deck or balcony collapse? Seek medical attention immediately, document the accident scene if possible, and contact a personal injury attorney specializing in premises liability cases. They can help you understand your rights and pursue compensation for your injuries.
Q5. How long do I have to file a lawsuit for injuries from a deck collapse in Florida? As of March 24, 2023, Florida's statute of limitations for personal injury cases, including those from deck collapses, is two years from the date of the accident. It's crucial to act promptly to preserve your right to seek compensation.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship with Pittman Law Firm, P.L.