A tenant suffered catastrophic spinal injuries after the railing on a second-story apartment deck suddenly gave way, causing him to fall approximately ten feet to the ground below. After years of heavily contested litigation, surviving summary judgment, and beginning trial, Flattmann Law helped secure an $875,000 recovery for the injured client and his wife.
Bart and his wife rented a second-story apartment in Madisonville that featured an elevated
outdoor deck accessible only by an exterior staircase.
Unknown to Bart, serious structural problems had already been identified at the property before
he and his wife ever moved in.
One afternoon after returning home from work, Bart stepped onto the deck and leaned lightly
against the guardrail while trimming small branches hanging near the apartment.
Without warning, the railing suddenly gave way.
Bart fell approximately ten feet from the elevated deck to the ground below.
Emergency responders rushed Bart to the hospital, where doctors diagnosed severe spinal and
orthopedic injuries resulting from the fall. He suffered fractures to his thoracic spine, fractures to
multiple ribs, lumbar spine injuries, and significant disc damage throughout his back.
The injuries immediately changed every aspect of his life.
Over the following years, Bart underwent extensive medical treatment, including spinal
procedures, epidural injections, pain management treatment, rehabilitation, and a kyphoplasty
surgery designed to stabilize the fractured vertebrae in his spine. Even after surgery, Bart
continued experiencing severe chronic pain, mobility limitations, and functional impairment.
Doctors ultimately concluded that Bart would likely require additional spinal surgeries in the
future, including lumbar fusion procedures and lifelong pain management treatment.
Before the fall, Bart had been a hardworking and active man who enjoyed physical work,
yardwork, household projects, and working on vehicles. After the incident, many of those
activities became impossible.
The injuries also deeply affected Bart’s wife and family life. His wife became responsible for
nearly all household responsibilities and caregiving tasks as Bart struggled with chronic pain and
permanent physical limitations.
Flattmann Law conducted extensive discovery and uncovered troubling evidence regarding the
dangerous condition of the apartment deck.
Prior to purchasing the property, the apartment owners had received an inspection report
specifically warning that the balconies and raised porches were unsafe, rotten, and posed
potential safety hazards. The report identified the deck and railing system as areas with the
potential for failure.
Despite those warnings, the property was rented to Bart and his wife.
Discovery further revealed that tenants had previously complained about the deck swaying.
Instead of fully replacing the dangerous railing system, only limited patchwork repairs were
performed. Evidence also showed that portions of the rotten railing had been painted over,
disguising the deterioration.
Engineering and human factors experts later concluded that the railing system failed to comply
with applicable building code requirements and contained extensive hidden wood rot and
structural weakness.
The litigation was heavily contested for years. Defendants aggressively disputed liability and
attempted to have the case dismissed through summary judgment proceedings. Flattmann Law
successfully opposed those efforts and continued preparing the case for trial.
The case ultimately proceeded to trial, where evidence regarding the unsafe railing, ignored
inspection warnings, and Bart’s devastating injuries was presented to the jury.
In the middle of trial, the defendants agreed to resolve the case for a total of $875,000.
Disclaimer:
Results vary by case and situation, and that while the stories are all 100% true, the names have been changed out of respect for our clients.
When you ask for Grady, you get Grady. At Flattmann Law, we make sure that your consultations and cases are not assigned to a junior associate. Grady will personally be on the phone with you or meet you in person to discuss your individual situation. We will represent you not only as your attorney, but also as your neighbor.
Our legal library is full of articles on a variety of topics related to personal injury claims in Louisiana. Learn about how accidents happen, what to do when you are a victim, and how an attorney can help you fight for the compensation you may deserve.
