Fatal Apartment Stairwell Collapse Prompts Premises Liability Lawsuit
Posted on behalf of Arnold Law Firm on Nov 13, 2015 in General News
A San Francisco family has filed a premises liability lawsuit over the death of their only son who perished after a staircase collapsed in a Folsom apartment complex last July. The victims family claims the tragic death of their beloved son could have been prevented had the property owner not ignored the staircases disrepair, something the family considers a despicable act of property negligence.
The family's lawsuit, which was filed last week in Sacramento Superior Court, seeks an unspecified amount of compensation from the apartment complex owner, Gerson Bakar and Associates. Mr. Bakar's company owns several buildings, including the Legends at Willow Creek apartments, where the accident occurred.
The lawsuit also seeks damages from the builder of the complex, as well as several others who were involved in the apartments initial design and maintenance.
The victim, a 26-year-old student at California Polytechnic State University in San Luis Obispo, was visiting friends at the complex when a set of stairs he was climbing collapsed, sending him plummeting two stories to his death.
According to the lawsuit, Mr. Bakar was made aware of the unstable condition of the staircase one year prior to the fatal accident. At that time, a staircase in a neighboring building had collapsed, prompting an inspection of the stairwell that eventually collapsed and killed the young Poly-Tech student.
Although an inspection of the stairwell was conducted, no repairs were ever made, nor did Mr. Bakar warn residents of the stairwells dangerous condition.
Serious flaws in the complex's construction and design are also noted in the family's lawsuit. The lawsuit claims the 208-unit apartment complex repeatedly failed to meet building codes since it was first constructed fifteen years ago.
The chief building official for Folsom stated the construction of the complex did in fact meet the city's building codes, however, a better design could have prevented the stairwell from dry rotting and eventually collapsing.
In the aftermath of the tragic accident, Mr. Bakar's company agreed to rebuild the stairwells in the apartment complex with a new and improved design which would help ensure lasting stability. The new staircase design would also address issues with water intrusion and subsequent wood rot.
Any property that isn't adequately maintained can be hazardous to visitors, and a premises liability lawsuit can be filed against owners who are negligent in maintaining the safety of their property.
If you or someone you love have been injured due to a property owners negligence, contact one of the knowledgeable premises liability lawyers at The Arnold Law Firm today. We have helped our clients win millions of dollars in compensation from their premises liability cases, and wed like to do the same for you.