7-Figure Settlement Recovered for Fall from Apartment Building

Case Overview

Attorneys Neil Nazareth and Jeremy Landry successfully resolved a premises liability matter within two years, securing a seven-figure settlement for a minor whose guardian fell from an apartment building that lacked proper safety railings on the balcony.

The Incident

The case involved a serious fall from an apartment building balcony that did not have the required safety railings installed. This dangerous condition—the absence of protective barriers that are mandated by building codes—directly contributed to the tragic accident that resulted in severe injuries to the guardian of a minor child.

Balcony falls from multi-story buildings often result in catastrophic or fatal injuries due to the significant height involved. When property owners fail to install or maintain required safety features like railings, they create unreasonably dangerous conditions that put residents and visitors at serious risk.

Premises Liability and Property Owner Duties

Under Louisiana premises liability law, property owners have a legal duty to maintain their properties in a reasonably safe condition and to protect visitors from unreasonable risks of harm. This duty includes:

• Regular Inspections: Property owners must regularly inspect their premises to identify hazardous conditions
• Code Compliance: Buildings must comply with applicable building codes and safety regulations, including requirements for balcony railings and other protective barriers
• Prompt Repairs: When dangerous conditions are discovered, property owners must take prompt action to correct them
• Adequate Warnings: If hazards cannot be immediately corrected, property owners must provide adequate warnings to prevent injuries

When a property owner fails to fulfill these duties and someone is injured as a result, the owner can be held liable for damages.

The Importance of Balcony Safety Railings

Balcony railings serve a critical safety function in multi-story buildings. Building codes establish specific requirements for railing height, strength, and spacing to prevent falls. The absence of required railings on this apartment building balcony constituted a clear violation of building codes and created an unreasonably dangerous condition.

Safety railings are particularly important in residential buildings where:

• Children may be present and are especially vulnerable to fall hazards
• Residents and visitors may not be aware of the absence of protective barriers
• Falls from upper-story balconies can result in death or permanent disability
• The property owner has complete control over the installation and maintenance of safety features

Building a Strong Premises Liability Case

The Nazareth Law Firm’s success in this case demonstrates the importance of thorough investigation and documentation in premises liability matters. Building a compelling case typically requires:

• Documenting the Hazard: Photographs, videos, and expert inspections to establish the dangerous condition
• Establishing Code Violations: Demonstrating that the property failed to meet applicable building code requirements
• Proving Causation: Connecting the hazardous condition directly to the injuries sustained
• Demonstrating Owner Knowledge: Showing that the property owner knew or should have known about the dangerous condition
• Calculating Damages: Thoroughly documenting all injuries, medical expenses, lost income, pain and suffering, and other losses

Impact on the Minor Plaintiff

While the guardian was the injured party, this case was brought on behalf of a minor child who suffered significant losses as a result of the accident:

• Loss of Parental Care: The guardian’s injuries impacted their ability to provide care and support for the child
• Emotional Trauma: Witnessing or experiencing the aftermath of a serious injury to a guardian can cause lasting psychological harm to children
• Financial Impact: Medical expenses, lost income, and other costs associated with the injury affect the entire family
• Future Uncertainty: Serious injuries to a guardian can have long-term implications for a child’s stability and well-being

The seven-figure settlement provides financial security for the minor plaintiff and ensures resources are available for any ongoing needs resulting from the incident.

Two-Year Resolution

The Nazareth Law Firm’s ability to resolve this case within approximately two years represents efficient and effective legal representation. Premises liability cases can often drag on for years, especially when property owners and their insurers dispute liability or the extent of damages.

Achieving a seven-figure settlement within this timeframe required:

• Immediate investigation and preservation of evidence
• Quick identification and retention of expert witnesses
• Thorough documentation of all damages
• Skilled negotiation with insurance companies and defense counsel
• Willingness to prepare for trial if necessary to secure fair compensation

The Settlement

The seven-figure settlement secured in this case reflects:

• Severity of Injuries: The serious nature of injuries sustained in a fall from a multi-story building
• Clear Liability: The obvious failure to install required safety railings
• Impact on Minor: The significant effect of the guardian’s injuries on the child’s life and future
• Medical Expenses: Past and future medical costs for treatment and rehabilitation
• Lost Income: Compensation for the guardian’s inability to work
• Pain and Suffering: Physical and emotional trauma experienced by the family
• Punitive Considerations: The egregious nature of failing to install basic required safety equipment

This substantial recovery provides the financial resources necessary to address the family’s needs and compensate for their losses.

Holding Property Owners Accountable

Beyond compensating this particular family, successful premises liability cases serve an important public safety function. When property owners face significant financial consequences for failing to maintain safe conditions, they have greater incentive to:

• Comply with building codes and safety regulations
• Conduct regular safety inspections
• Promptly address identified hazards
• Prioritize tenant and visitor safety over cost savings

Cases like this one send a clear message that shortcuts on safety will not be tolerated and that property owners must be held accountable when their negligence causes harm.

Common Premises Liability Hazards

The Nazareth Law Firm handles a wide range of premises liability cases involving dangerous conditions such as:

• Missing or defective railings and protective barriers
• Slip and fall hazards including wet floors, uneven surfaces, and poor lighting
• Inadequate building maintenance and code violations
• Swimming pool accidents and inadequate fencing
• Elevator and escalator malfunctions
• Parking lot and parking garage hazards
• Negligent security leading to criminal attacks
• Toxic substances and environmental hazards

Why Experience Matters

Premises liability cases require specialized knowledge of building codes, safety standards, and the legal duties of property owners. The Nazareth Law Firm’s experience in this area includes:

• Understanding of Louisiana premises liability law and comparative fault principles
• Relationships with building code experts, engineers, and safety specialists
• Knowledge of insurance coverage issues and policy limits
• Track record of substantial settlements and verdicts in premises cases
• Resources to thoroughly investigate and litigate complex cases

If you or a loved one has been injured due to a dangerous condition on someone else’s property, experienced legal representation is essential to protect your rights and maximize your recovery.