http://thechronicleherald.ca/metro/1237725-injured-victims-in-2013-dartmouth-deck-collapse-sue-city-homeowner-and-contractor
Please do not have this happen to you .
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Injured victims in 2013 Dartmouth deck collapse sue city, homeowner and contractor
Nearly a dozen people who were on a deck that collapsed more than three metres to the ground at a Dartmouth home last year are suing the homeowner, the company that built the deck and Halifax Regional Municipality.
It’s alleged that one of the people injured in the incident has lost his sight.
Eleven lawsuits were filed Friday in Nova Scotia Supreme Court, alleging negligence on the part of the property owner at the time, Charles Ashcroft, as well as Austin Contracting Ltd. and the municipality.
Sixteen people attending a party at 194 Green Village Lane were injured in the Sept. 22 incident, which happened at about 1:30 a.m.
At the time, Halifax Regional Police said some of the injured suffered broken bones in the incident, which ultimately raised questions about contractor responsibilities and building inspection practises in the region.
Two people were under the deck at the time of the collapse, and four people in total — two women and two men — were listed in serious condition, police said.
In each lawsuit, filed Friday by Wagners law firm, the types of injuries sustained as a result of the deck fall vary.
“This tragic case demonstrates how (alleged) prolonged neglect has the potential to result one tragic incident capable of harming large numbers of people,” said Mike Dull, who’s representing the 11 plaintiffs, said in an email to this newspaper Friday.
“One allegedly shoddy deck negatively affected the lives of so many, one of whom lost his sight. Another will have long lasting facial injuries and virtually all of (them) are still dealing with significant orthopedic injuries all this time later.”
Shortly after the collapse, municipal officials said the deck in question had been approved by a city inspector when it was constructed a decade before, but they noted that provincial building codes had been updated twice since then.
The lawsuits allege the plaintiffs had no warning of any problems when the deck collapsed, adding they “fell 12 feet to the ground.”
The statements of claim allege that Ashcroft failed to “properly maintain ……inspect …or identify the hazardous condition of the balcony deck and support structure.”
The plaintiffs also allege that the defendant should or ought to have known the deck was “improperly constructed” and failed to ensure the structure would hold the number of guests at the party.
There are also other allegations against the owner in the suit, including failing to obtain a proper permit or ensure proper inspections were carried out.
The suits allege Austin Contracting Ltd., which it claims built the deck, did not ensure it was in compliance with the national building code. The court papers also allege the deck was improperly designed, and the company didn’t install flashing at the point of connection between the house and the balcony.
In addition, the deck’s support beams and columns were not the right size, the suits allege, and “created the risk of the balcony collapsing,” court documents allege.
Other technical aspects of the construction were also not properly carried out, the papers allege.
The municipality allegedly did not conduct an “adequate” inspection system to ensure there were no problems with Ashcroft’s property, the lawsuits said. It also allegedly didn’t enforce building codes and provided an occupancy permit for the property when it shouldn’t have, the suits state.
The plaintiffs are Amy Rose Roberts, Keri Roberts, Byron Nagle, Shannon Meads, Andrew Mcintosh, Jessica Mcinnis-Leek, Vanessa MacDonald, Darrell Douglas, Marlo Craig, Renee Cawthron and Brittany Bond.
Provincial property records show that Ashcroft, who could not be reached Friday, sold the Green Village Lane home in July.
Jennifer Stairs, spokeswoman for the municipality, said Friday that city officials had not yet been notified of the legal action, but would respond “appropriately in due course upon receipt.” She said she had no further comment at this time.
No one from Austin Contracting was available to speak Friday, said a woman who answered the phone at the business.
Police investigated the incident but closed the file with no charges last October, Const. Pierre Bourdages, spokesman for the force, said Friday.
None of the allegations has been proven in court and the defendants have yet to file a defence.
