Deck Collapse In Montana - Tried by Attorney Clifford Blackman

Structural Defects: Case Example Two

The following case is illustrative of the law relating to collapsed structures as well as the challenges of securing compensation for injured parties. The Blackman Legal Group was hired by a young woman who was seriously injured in Polson, Montana, when a deck at a restaurant and casino where she was a guest collapsed with 75 people on it. Mr. Blackman associated a law firm in Montana, where this tragic accident occurred, to assist in representing his client in the trial arising out of this structural defect accident.
On July 30, 2004, a wood deck collapsed suddenly under the weight of a party crowd at the Diamond Horseshoe Casino in Polson, Montana, injuring dozens of people and sending four with life-threatening injuries to hospitals by helicopter. The incident was reported on CNN and received extensive local coverage. Investigations ultimately traced the collapse to a failure of the connection point between the deck and the building.
After a three-day trial, a 10-woman, two-man jury found the owner of the property liable for negligence and awarded our client $750,000 as compensation for her injuries, which included a broken pelvis, a lower back injury and a dislocated and broken elbow, and for her future medical expenses. In my closing statement, I explained to the jury that my client’s injuries were life shattering, especially since she had been active in snowmobiling, swimming, hunting and snowboarding, and that these injuries were especially hard on her because she was a single mother.
Liability was hotly contested by the property owner. Pieces of the actual deck were used as exhibits to demonstrate that the owner should have known, and done something to correct, this structural defect. The judge gave the jury over two dozen different instructions. Based on the evidence, testimony and arguments, the jury concluded that the situation was both foreseeable and preventable.
The law is that an owner has a duty to inspect for unsafe concealed conditions, and that property owners have a duty to keep their property safe. Liability in structural defect cases may be vigorously contested as can the extent of injuries suffered from the accident. Success depends on thorough investigation and trial preparation, effective use of expert witnesses, understanding the medical issues involved and communicating to the jury the true impact which the owner’s negligence has had on your client.
No matter how complex the issues involved in your personal injury claim, the lawyers at Blackman Legal Group know what to do, and we understand the legal and emotional aspects of a personal injury. Please contact us if we may be of service to you.