$712,500 Wrongful Death Settlement – Deck Collapse Case

Sessions & Fleischman, LLC successfully secured a $712,500 settlement for the family of a 52-year-old registered nurse who tragically died from complications following injuries sustained in a deck collapse incident.

Incident Details

Background of the Case and The Fall

• Location: Rental property in Baldwin County, Georgia
• Cause: Complete structural failure of residential deck during family gathering
• Victim: 52-year-old home health nurse specializing in pediatric care

Injuries Sustained

Our client suffered severe injuries requiring immediate emergency treatment:

• Right tibial plateau fracture
• Right knee injury
• Right ankle injury
• Cervical and lumbar injuries
• Required open reduction internal fixation surgery

Tragic Outcome

Despite ongoing medical treatment and physical therapy, our client died approximately three months after the incident from a blood clot believed to be related to her injuries.

Liability Issues

Property Owner Negligence

• Multiple prior complaints about deck’s dangerous condition
• Landlord’s failure to address known safety hazards
• Clear evidence of structural defects in photographs

Evidence Spoliation

The property owner significantly damaged their defense by destroying the collapsed deck after being notified of potential litigation, creating a presumption that the evidence would have been harmful to their case.

Damages Recovered

• Total Settlement: $712,500

Economic Losses

• Lost wages: $13,000 (3 months at $28/hour, 40 hours/week)
• Medical expenses: $51,113.22
• Future earnings lost due to premature death (26+ years of work life remaining)

Legal Strategy

Key Arguments

1. Premises Liability: Landlord’s duty to maintain safe conditions
2. Notice of Dangerous Condition: Prior complaints established actual knowledge
3. Spoliation of Evidence: Destruction of deck created adverse inference
4. Wrongful Death: Compensation for loss of life and future earnings

Case Challenges

• Establishing causation between deck collapse injuries and blood clot death
• Overcoming potential comparative negligence arguments
• Proving future economic losses for a 52-year-old professional

Outcome Significance

This settlement demonstrates the importance of:

• Thorough Investigation: Documenting evidence before it can be destroyed
• Multiple Insurance Coverage: Identifying all available policies
• Expert Testimony: Establishing medical causation in complex injury cases
• Preservation Demands: Preventing spoliation of critical evidence

Key Takeaways For Premises Liability Clients

Landlords can be held accountable for dangerous conditions that cause wrongful death, even when victims are not direct tenants.

Demonstrates the value of aggressive evidence preservation and comprehensive insurance investigation in premises liability cases.