The Hudson Valley is known for its scenic charm and outdoor lifestyle. From weekend barbecues to sunset gatherings, many homes, restaurants, and rental properties feature elevated decks or patios. While these spaces offer convenience and leisure, they can also become hazardous when not properly built or maintained. Structural failures involving decks have led to numerous injuries each year—many of which could have been prevented through responsible oversight and adherence to safety standards.
Why Deck Safety Matters in the Hudson Valley
Seasonal temperature fluctuations, snowfall, and humidity in the Hudson Valley can take a toll on wood and fasteners, making routine inspection especially important in our region. Local homeowners and commercial property owners alike are responsible for ensuring that decks, balconies, porches, and terraces meet structural safety requirements outlined in New York State Building Code.
According to a study published in the International Journal of Structural Engineering, the vast majority of deck failures stem from ledger board separation—often caused by improper fastening or water damage. In cases where individuals suffer injury due to deck collapse or component failure, the property owner may be liable under New York’s premises liability laws.
Common Causes of Deck Failure
A comprehensive report from the American Society of Civil Engineers (ASCE) identifies several recurring issues that contribute to deck-related injuries:
- Deteriorated structural members, such as joists, beams, or posts
- Improper attachment to the main structure (e.g., lack of structural anchors)
- Loose or compromised guardrails
- Rusted or undersized hardware
- Water intrusion and rot at key connection points
Unfortunately, deck failures are rarely spontaneous events. Most show warning signs—such as sagging, shifting, or visible corrosion—that, if ignored, can lead to dangerous outcomes.
Legal Duty of Property Owners
Under New York State law, property owners have a legal duty to maintain their premises in a reasonably safe condition. This includes taking proactive steps to inspect and repair outdoor structures such as decks and balconies. In personal injury cases related to unsafe decks, legal claims often hinge on whether the property owner knew—or should have known—about a structural defect and failed to act.
Courts have consistently upheld that negligence in inspection, construction, or maintenance can be grounds for liability. This includes both residential and commercial properties, such as short-term rentals, apartment complexes, restaurants, and event venues.
Preventative Measures for Safer Decks
In the Hudson Valley, deck safety requires more than occasional upkeep. The following steps are essential for reducing liability and ensuring guest safety:
- Schedule annual inspections with a licensed contractor or structural engineer
- Install proper flashing to prevent moisture from deteriorating structural connections
- Replace corroded fasteners and anchors
- Ensure guardrails meet current height and strength codes
- Avoid DIY structural repairs without professional guidance
The North American Deck and Railing Association (NADRA) also offers a useful consumer checklist to identify potential safety hazards before they lead to injury.
When Injury Occurs Due to Unsafe Structures
If you or someone you care about has been harmed due to a poorly maintained or defective deck, it’s critical to take action. Document the conditions, preserve any physical evidence (such as broken boards or hardware), and consult with a qualified personal injury attorney who understands local and state safety codes.
At Finkelstein & Partners, we work closely with building safety experts, inspectors, and engineers to uncover exactly what went wrong—and who may be held legally accountable.
From Kingston to Poughkeepsie to Newburgh, our legal team is committed to helping injury victims hold negligent property owners accountable. If you’ve been injured due to an unsafe deck or outdoor structure, contact Finkelstein & Partners for a free consultation today.