In apartment complexes across Mississippi, balconies and railings provide tenants with outdoor space and views—but when these structures are poorly built, maintained, or repaired, they can quickly become hazardous. A rotting balcony, rusted railing, or faulty installation may collapse without warning, leading to serious injuries or even tragic fatalities. When this happens, tenants often ask the critical question: Can I hold my landlord responsible?

The short answer is: yes, under Mississippi law, landlords have a legal duty to ensure that balconies and railings are safe for everyday use. When they fail to meet this duty and someone is hurt as a result, the injured party may have grounds for a premises liability lawsuit.

At Barrett Law, PLLC, Jonathan Barrett, a Mississippi apartment injury lawyer with decades of experience, helps individuals and families recover compensation for injuries caused by unsafe conditions at apartment complexes. If you or a loved one has been injured because a railing gave way or a balcony collapsed, we’re here to help you understand your rights and pursue the justice you deserve.

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The Dangers of Unsafe Balconies and Railings in Mississippi Apartments

Balconies and elevated walkways are a staple of many apartment buildings across Mississippi, particularly in larger complexes and older buildings. These structures must be routinely inspected, properly constructed, and repaired promptly to meet basic safety standards. When neglected, they can pose major risks.

Common causes of balcony and railing injuries include:

• Loose, rusted, or unstable metal railings

• Rotted wooden support beams or decking

• Structural instability from poor construction

• Code violations (missing handrails, improper railing height)

• Overloading of balconies beyond safe weight limits

• Lack of inspections or delayed maintenance

In Mississippi, these issues can arise from years of water damage, exposure to extreme heat or cold, and landlords ignoring complaints or failing to conduct proper property inspections.

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When Can a Landlord Be Sued for Balcony or Railing Injuries?

You may have a valid claim if your injury was caused by the landlord’s negligence, such as:

• Failing to fix a known or visible defect in a railing or balcony

• Ignoring tenant complaints about instability or damage

• Allowing code violations to persist without correction

• Hiring unqualified contractors for construction or repair

• Not inspecting balconies regularly, especially after storms or age-related wear

• Failing to warn tenants about known dangers

To win a premises liability case, we generally must prove:

1. The apartment complex owed a duty of care (which landlords always owe to tenants and guests)

2. The landlord breached that duty by allowing a dangerous condition to exist

3. The hazardous balcony or railing directly caused your injuries

4. You suffered measurable damages, such as medical bills, lost income, or pain and suffering

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Examples of Apartment Balcony and Railing Injury Cases

Real-world cases we’ve seen and litigated across Mississippi include:

• A tenant leaning on a rusted railing that gave way, causing a two-story fall and spinal injuries

• A child playing on a balcony with missing slats, falling through the gap and suffering broken bones

• A visitor slipping through an unsecured second-floor landing with no proper railing in place

• A collapsed balcony during a small gathering that injured multiple tenants

• Tenants burned in a fire because a rusted metal staircase and balcony system blocked safe escape

These are not isolated incidents—they happen in communities statewide when landlords cut corners on safety.

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Who Is Liable in a Balcony or Railing Injury Case?

Multiple parties may share responsibility depending on the facts:

• Landlord or Property Owner – Ultimately responsible for safe conditions under Mississippi law

• Property Management Company – May be liable for negligent maintenance or ignoring repair reports

• Construction Contractors or Builders – May be responsible for faulty installation or substandard materials

• Maintenance Contractors – If they performed inadequate inspections or temporary fixes that failed

Attorney Jonathan Barrett will work to identify all responsible parties and hold them accountable for their role in your injury.

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Who Is Affected and Why These Cases Matter

Victims of unsafe balcony or railing accidents include:

• Tenants of all ages, especially elderly individuals using railings for balance

• Children, who may lean, climb, or squeeze through gaps in railings

• Visitors, such as friends, service workers, or delivery drivers

• Family members, who may be entitled to wrongful death claims in fatal accidents

Injuries from these incidents often include:

• Broken bones

• Head trauma or traumatic brain injuries

• Spinal cord damage and paralysis

• Internal bleeding

• Emotional distress and PTSD

• Wrongful death

For many families, these injuries lead to permanent disability, job loss, and overwhelming medical expenses. That’s why strong legal action is essential—not just to recover financial damages, but to protect others from the same fate.

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Legal Obligations Under Mississippi Law

Mississippi premises liability law requires landlords to maintain safe conditions in common areas and rental units. This includes making sure:

• Railings are structurally sound and comply with building codes

• Balconies can safely support the weight of residents and furniture

• Property inspections are conducted regularly and professionally

• Tenants are warned of known risks or dangerous areas

• Repairs are made promptly when complaints are reported

According to the Mississippi Building Code and general principles of premises liability, a landlord may be found negligent if they fail to meet these standards and someone is injured as a result.

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Practical Tips if You’re Injured by a Balcony or Railing

If you’ve been injured at a Mississippi apartment complex, take the following steps:

1. Seek medical care immediately – Don’t delay treatment. Medical records help prove your injuries.

2. Report the incident in writing – Notify the landlord or property manager and keep a copy of the report.

3. Take photos and video – Document the broken railing or collapsed balcony before repairs are made.

4. Gather witness information – Neighbors or visitors may have seen the incident or know of past problems.

5. Preserve evidence – Save your damaged clothing, personal property, and all medical paperwork.

6. Avoid signing any documents from the apartment’s insurance company until you speak with a lawyer.

7. Contact Barrett Law, PLLC – The sooner we’re involved, the better we can protect your rights and build your case.

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Apartment Injury Claims Frequently Asked Questions

What if I complained about the railing before the accident, but the landlord never fixed it?
This may strengthen your case significantly. If the landlord was warned about the danger and failed to act, that is clear evidence of negligence under Mississippi law.

Can I sue if my child was hurt falling through a railing at our apartment?
Yes. Children are especially vulnerable, and landlords must take extra care to ensure balconies are safe. A claim can cover medical care, emotional trauma, and future care costs.

Is my landlord automatically responsible for a balcony collapse?
Not automatically. But if they failed to inspect, maintain, or respond to known hazards—and that failure led to the collapse—they can be held liable in court.

Can a visitor sue the apartment complex for an injury?
Yes. Legal visitors (friends, delivery workers, etc.) have a right to safe premises and can file claims for injuries caused by unsafe balconies or railings.

What compensation can I recover?
You may be eligible to recover medical expenses, lost wages, future medical costs, pain and suffering, mental anguish, and, in severe cases, punitive damages.

How long do I have to file a lawsuit in Mississippi?
You typically have three years from the date of the injury to file a premises liability claim. Wrongful death claims also follow a three-year deadline. Acting quickly is crucial.

Do I need a lawyer if the apartment’s insurance company already contacted me?
Yes. Insurance companies often offer low settlements or try to shift blame. A lawyer can protect your rights, evaluate the true value of your case, and negotiate a fair settlement—or take the case to court.

Can I sue if the railing was not up to code?
Yes. Violation of safety codes often strengthens your claim and may lead to liability for the property owner or the builder.

What if the injury happened while I was moving in or out?
As long as you were lawfully on the premises, you may still have a valid claim. Liability depends on the property owner’s duty to maintain safe conditions for all permitted individuals.

Can I sue if a balcony collapse resulted in the death of a loved one?
Yes. Surviving family members may file a wrongful death claim seeking compensation for funeral costs, loss of companionship, and emotional and financial suffering.

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Harmed on an Apartment Complex in Mississippi? Call Mississippi Apartment Injury Claim Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation

If you or someone you love has been injured due to a faulty balcony, broken railing, or apartment collapse, the property owner may be held legally responsible. At Barrett Law, PLLC, we represent injury victims and grieving families across Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, Brandon, and throughout all 82 counties in Mississippi.

We know how devastating these accidents are—and we know how to hold negligent landlords and property managers accountable.

Call (601) 790-1505 now for your free, confidential consultation, available 24 hours a day, 7 days a week, 365 days a year. We’re ready to fight for the compensation and justice you deserve.