Decks are a common but often overlooked safety hazard on homes that can cause serious injuries and death if not properly constructed. A recent Kansas case involving the collapse of a large elevated deck that killed a father and severely injured several others provides an example of the damage and tragedies deck collapses can cause—and of the legal hurdles in pursuing claims for such collapses.
In 2006, a Wichita resident and landowner near Fall River, Kan., in Elk County built a weekend getaway home. With the help of a friend who was a retired general contractor, the landowner hired subcontractors to pour foundation, run utilities and to perform other construction tasks. The house was set on a slope, which required an elevated deck to be attached to the downhill side.
The homeowner and the retired general contractor hired a framer to build the 12 x 36 foot deck. The deck builder asked the general contractor and homeowner to buy supplies for the job, including several lag bolts that were to attach the deck to the frame of the manufactured house.
After completion of the deck and payment to the builder, the homeowner discovered a box of leftover lag bolts. He and the retired general contractor friend decided to hold onto the bolts but did not ask the deck builder about them.
In May 2007, the homeowner held a house warming party with more than 100 guests. While many guests were on the deck and many others below, the deck tore from the house and collapsed. Tragically, one man was killed and several others were seriously injured, including spinal injuries, pelvic fractures and broken limbs. A post-collapse inspection revealed that the main support affixing the deck to the house—called a ledger board—was attached to particle board with only a few nails inserted through vinyl siding. Although the ledger board was supposed to be bolted to the base of the house, only one of the lag bolts purchased for the project had been used—and it was only partially inserted.
A group of plaintiffs represented by a consortium of attorneys including John Parisi and David Morantz sued the deck builder, the retired general contractor and the homeowner in Sedgwick County. The deck builder’s insurance carrier quickly interpleaded its $500,000.00. The retired general contractor’s homeowner’s insurance initially denied him coverage. The defendants filed several summary judgment motions, with the homeowner claiming that he and other homeowners could not be liable for the negligence of hired contractors.
Plaintiffs defeated the summary judgment motions by establishing that the homeowner in this case had an active role in overseeing and supervising the construction project, which included selecting contractors for the job and failing to follow up on why the bolts were not used on the deck.
The homeowner and his insurance company eventually agreed to settle all claims for $1.6 million. After the retired general contractor’s homeowner’s insurance agreed to pay $80,000, the claims settled for a total of $2.18 million.
