As the summer months bring more outdoor gatherings across New York City, decks and balconies become common spaces for entertainment and relaxation. However, when improperly maintained, these elevated structures can pose serious safety hazards. In a city as densely populated as NYC, where rooftop decks and backyard patios are often perched above ground level, property owners have a heightened duty to ensure these areas are secure and structurally sound.
Understanding the Legal Responsibility
Under New York premises liability law, property owners and managers are obligated to maintain safe conditions for visitors and tenants. This includes decks, balconies, terraces, and porches. If an individual is injured due to the failure of a deck—whether from collapse, loose railings, or deteriorated wood—the owner may be held legally responsible for injuries that result from negligence.
How Deck Failures Occur
According to a study published in the Journal of Light Construction, over 90% of deck collapses occur because of poor construction or lack of maintenance—not overloading, as often believed. Key contributing factors include:
- Improper attachment to the main structure (e.g., missing or corroded ledger boards)
- Use of untreated or aging lumber
- Inadequate or rusted fasteners
- Rot or termite damage
- Loose or broken guardrails and stairs
In NYC, Local Law 11 and building code requirements set strict inspection and maintenance standards, especially for multi-family buildings. Failure to comply with these standards not only poses a danger to occupants but could also result in substantial liability for property owners.
NYC Deck Safety Regulations
The New York City Building Code §3307 and §28-301.1 outlines clear responsibilities for maintaining structural safety. Specifically, it requires that all means of egress, including decks and balconies, be kept in a safe, operable condition. The Department of Buildings (DOB) strongly recommends annual inspections for any exterior structures, particularly those exposed to weathering and foot traffic.
Further, in 2020, the NYC Department of Buildings launched a campaign encouraging property owners to evaluate decks and balconies after a surge in outdoor modifications due to COVID-19 restrictions. Many temporary outdoor dining decks and rooftop builds skirted proper permitting and structural reviews, making professional inspection more critical than ever.
Preventative Steps for Property Owners
To reduce the likelihood of injury and fulfill their duty of care, NYC property owners should:
- Schedule annual inspections with a licensed structural engineer or contractor.
- Use pressure-treated lumber rated for outdoor use, and replace worn boards promptly.
- Install proper flashing to prevent water damage at ledger connections.
- Tighten railings and check fasteners for corrosion or movement.
- Keep decks clear of excessive snow, water pooling, and plant overgrowth which can contribute to moisture damage.
What to Do If You’ve Been Injured on a Deck
If you or a loved one has sustained an injury due to a faulty or poorly maintained deck, it’s critical to document the scene, seek immediate medical attention, and consult with a qualified personal injury attorney. At Jacoby & Meyers, we investigate the full scope of liability, often working with structural engineers and building code experts to determine whether a property owner failed to uphold their legal obligations.
Your health and safety matter—and those responsible for preventable structural failures must be held accountable.