She stepped onto her back deck the same way she had hundreds of times before. This time, the particle board gave way — and she fell forward onto concrete, fracturing vertebrae and tearing her shoulder.
Deck Collapse at a Queens Residence
Our client stepped through her back door onto a rear deck that she used daily. Without warning, the decking surface buckled and collapsed beneath her weight, pitching her forward and down. She struck the concrete patio below, landing on her neck and shoulder. The impact fractured two cervical vertebrae and tore the rotator cuff in her right shoulder.
The deck had been constructed using particle board — a pressed wood composite that absorbs moisture, swells, and loses structural integrity when used outdoors. Particle board is categorically unsuitable for exterior decking, and any contractor or property owner who inspected the structure would have recognized it was deteriorating.
Proving the Property Owner Knew the Deck Was Dangerous
Our attorneys retained a structural engineer who inspected the collapsed deck and confirmed that the particle board had been degrading for months, if not years. The surface showed visible warping, delamination, and water damage that would have been apparent during even a casual visual inspection.
We obtained maintenance records showing that tenants had complained about the deck feeling "soft" and "bouncy" in the year before the collapse. The property owner acknowledged the complaints but took no action — not even a visual inspection. The engineer testified that a basic inspection would have immediately revealed the deck was structurally compromised and required replacement.
"Particle board has no place in an outdoor deck. It absorbs water, loses all structural strength, and eventually collapses. The property owner received complaints that the deck felt soft — and did nothing. That choice resulted in a preventable fall and serious injuries." — Andrew Levine, Founding Partner
$800,000 Recovery for a Queens Deck Collapse
This $800,000 settlement covers cervical fracture treatment, rotator cuff surgery and rehabilitation, months of restricted activity, and the permanent neck and shoulder limitations our client now lives with. It holds the property owner accountable for ignoring tenant complaints about a structure that any reasonable inspection would have condemned.
If you were injured when a deck, balcony, or stairway collapsed due to improper construction or neglected maintenance, our premises liability attorneys have extensive experience with structural failure claims and are ready to review your case.
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