UPDATE ON SHUCKERS DECK COLLAPSE
In the weeks after the outside patio collapse where 24 were hurt, three critically at the popular Miami eatery, building officials have not publicly determined what caused the deck to collapse.
Apparently city building officials say the city had not recently inspected the deck. Reports show in January 2012, the property owner hired an independent engineer to conduct a 40-year recertification examinination of the structure, which of course, was deemed safe. Also, in 2010 the owner was issued a Construction Permit to rebuild the deck. Hoever that permit expired earlier this year without the work being done.
Two big questions remain, why was there a catastrophic failure and who is responsible for it? Apparently people have noticed exposed corroded steel. It was an old deck, so why did the owners and building professionals involved determine it was safe for continued use. There is likely a reason why the building permit was applied for in 2010. If it is shown that the owners knew it was unsafe, and purposely allowed it to stay open for business, punitive damages may be in order. It is unclear how many people was this deck designed to hold in the first place and whether the restaurant was enforcing the max capacity requirements. This could likely be a situation where the property owner, who in Florida has a non-delegable duty, could be held financially responsible for the injuries. The engineering company who approved the re-certification is also another target defendant.
Provided by PerkinsLawOffices.com