I'm glad you were not hurt, however, I don't think you should be entitled to a dime.
I'm looking at that photo and all I see is one 4 x 4 Pressure Treated column. No evidence of any X bracing. I imagine that there were two 4 x 4 pressure treated columns for the enitre deck. (One at each front corner and the back side of the deck was tied to the house (which is a mistake in itself)). If that is the case - here is a list of structural deficiencies associated with the deck:
1. Columns are overloaded.
2. Improperly sized and spaced columns
3. NO X bracing of columns means that the structure is laterally unstable since it is not a fixed connection, but a pinned connection.
4. Deck improperly connected to adjacent structure (railway spikes - I mean come on. Railway spikes are way too monsterous to use as nails in conventional construction. They will simply split any dimensional lumber into tooth picks.
5. No railing around perimeter of deck - you admit as such. I cannot fathom how you could not have installed a railing - 3 year old or not.
6. Deck planking appears to be 1 x 6 boards in the flat which is substandard and overloaded for your application. At minimum, deck planking should be 2 x 4 when laid in the flat.
7. Outside Ring Joist shows no evidence of proper joist hanger.
All of the above from one photo and 2 minutes.
Deck was improperly constructed right from the get go. You bought the house, you should have had a home inspection done at the time of purchase which should have pointed out that the deck was improperly constructed.
Either way, I see it as your problem
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