Tilted Forum Project Discussion Community  

Go Back   Tilted Forum Project Discussion Community > Chatter > General Discussion


 
 
LinkBack Thread Tools
Old 05-26-2011, 07:36 AM   #1 (permalink)
Psycho
 
ralphie250's Avatar
 
Location: Georgia
deck collapsed

on sunday me and a buddy of mine were on my back deck and it collapsed. we were 15 feet in the air. crushed my ac unit banged me up pretty bad, i ended up with a concusion liots of scrapes and bruises and a sprained ankle. homeowners insurance came out and inspected it and told me that the claim would be denied due to when the builder built the house (in 1984) they did not put flashing between the house and the deck so the rotted wood is not a covered part (found out they used railroad spikes to hold the deck to the house). Is there a way to argue this?




I landed between the house, and the deck. The grill slid down the deck and smacked me on the head and knocked me out for about 45 seeconds or so. my buddy got away with a small scratch on his back.
__________________
tomorrow i'm taking me fishing, hang a sign on the door of my life,
tell the world i've gone missing and i wont be back for a while.

Quote:
Originally Posted by Ourcrazymodern? View Post
Don't go to work for anybody who cares about anything other than your work performance. Such prejudiced idiots will never profit you.
ralphie250 is offline  
Old 05-26-2011, 07:47 AM   #2 (permalink)
Asshole
 
The_Jazz's Avatar
 
Administrator
Location: Chicago
Your Homeowners company is probably right. Those kinds of claims typically aren't covered. BUT - you might be able to go after the folks who built the deck since it suffered a major structural failure. I can't remember how the statute of repose works in Georgia, but I think that you might want to consult an attorney. A lot of them will do a free consultation.
__________________
"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - B. Franklin
"There ought to be limits to freedom." - George W. Bush
"We have met the enemy and he is us." - Pogo
The_Jazz is offline  
Old 05-26-2011, 08:16 AM   #3 (permalink)
Currently sour but formerly Dlishs
 
dlish's Avatar
 
Super Moderator
Location: Australia/UAE
like jazz said, you could go after the builder who built it. You might find that the person who built it was unlicensed. I wouldnt be surprised if it is the person that owned the house, since the workmanship sounds unprofessional. Ive been in construction for 13 years and ive never heard of somebody using spikes to connect a deck to the house at 3 metres high. thats just crazy.
__________________
An injustice anywhere, is an injustice everywhere

I always sign my facebook comments with ()()===========(}. Does that make me gay?
- Filthy
dlish is offline  
Old 05-26-2011, 09:28 AM   #4 (permalink)
Junkie
 
Borla's Avatar
 
Glad you weren't more severely hurt man, though it sounds like you got beat up enough.

I'd call a couple local attorneys and ask for advice, they will know your local laws. Most will do a consultation (at least over the phone) for free. If they do think you have a case, they usually work on contingency, so it won't cost you out of pocket.
__________________
Coimhéad fearg fhear na foighde!!!!
Borla is offline  
Old 05-26-2011, 10:30 AM   #5 (permalink)
Psycho
 
ralphie250's Avatar
 
Location: Georgia
the deck was built when the house was built in 1984. i replaced the floor 3 years ago and never put up hand rails (hard to do with a 3 year old). no one ever went out there. we only used it for the dogs.
the statuded of limitations in ga is 4, 6, or 8 years. depending on what the situation.



Where to find an attorney????? yellow pages??
__________________
tomorrow i'm taking me fishing, hang a sign on the door of my life,
tell the world i've gone missing and i wont be back for a while.

Quote:
Originally Posted by Ourcrazymodern? View Post
Don't go to work for anybody who cares about anything other than your work performance. Such prejudiced idiots will never profit you.
ralphie250 is offline  
Old 05-26-2011, 12:52 PM   #6 (permalink)
Crazy
 
Poetry's Avatar
 
Location: Los Angeles, CA
1. Convert into skateboard ramp
2. ????
3. Profit
4. Use profit to cover repairs.

Problem. Solved.
__________________
"You know what? Fuck the moon! He controls our water and our women. I've had enough!"
Poetry is offline  
Old 05-26-2011, 02:12 PM   #7 (permalink)
Insane
 
RogueGypsy's Avatar
 
Location: The Great NorthWet
The deck definitely wasn't built to code, but I don't think knowing that is going to do you any good 27 years later.

If you own the house call your insurance agent and file a claim.

If you rent, call the landlord and threaten a law suit.

If the state/county/city gets involved, DO NOT mention resurfacing the deck and not adding the hand rail. They will lay all the blame on you. Code for hand rail is any structure a minimum 30"-36" off the ground. They will throw that in your face and say YOU are at fault for the faulty structure and likely hand you a hefty fine. Even if it has nothing to do with the failure. They will say you should have inspected the whole structure (which you should have) before resurfacing.

Contacting the contractor directly maybe a good option as well. If they are still building in the area, they will not want this as an advertisement for their workmanship. They probably will not fix it as a warranty, but between them and your insurance you should be able to come out of it with very little money out of your pocket.

If the contractor is unwilling to work with you: take multiple pictures of the damage, get several good shots of where it tore away from the house. Make some flyers with the pictures, put the contractors name in big bold letters at the top like an advertisement. At the bottom list any current local projects they're doing and a line saying something like "Quality construction for you" and their phone number. Staple one to every telephone pole in the area and one to the pole outside of their offices. Fixing your deck will become a priority to them.

If none of this works and you need tips to rebuild, let me know, I've built a couple hundred decks. I can probably help you out there.


..
.
__________________
Methods, application and intensity of application vary by the individual. All legal wavers must be signed before 'treatment' begins. Self 'Medicating' is not recommend. However, if necessary, it is best to have an 'assistant' or 'soft landing zone' nearby. Any and all legal issues resulting from improperly applied techniques should be forwarded to: Dewy, Cheatum & Howe, Intercourse, PA 17534. Attn: Anonymous.

Last edited by RogueGypsy; 05-26-2011 at 02:14 PM.. Reason: can't spell
RogueGypsy is offline  
Old 05-26-2011, 03:15 PM   #8 (permalink)
Eat your vegetables
 
genuinegirly's Avatar
 
Super Moderator
Location: Arabidopsis-ville
Wow. I have no advice, but I'm just glad that you're ok. Sounds like the injuries could have been far more significant.
__________________
"Sometimes I have to remember that things are brought to me for a reason, either for my own lessons or for the benefit of others." Cynthetiq

"violence is no more or less real than non-violence." roachboy
genuinegirly is offline  
Old 05-26-2011, 04:13 PM   #9 (permalink)
Junkie
 
eribrav's Avatar
 
Location: upstate NY
You put new decking on a structure that's 25 years old, don't note that it's structurally deficient, and think someone else should pay you for that?
eribrav is offline  
Old 05-26-2011, 05:31 PM   #10 (permalink)
Getting it.
 
Charlatan's Avatar
 
Super Moderator
Location: Lion City
Nothing to add other than, you're lucky the bbq wasn't on and hot.
__________________
"My hands are on fire. Hands are on fire. Ain't got no more time for all you charlatans and liars."
- Old Man Luedecke
Charlatan is offline  
Old 05-26-2011, 07:23 PM   #11 (permalink)
I'm not a blonde! I'm knot! I'm knot! I'm knot!
 
raeanna74's Avatar
 
Location: Upper Michigan
I have never had a home insurance where at least the insurance broker didn't come out and do an inspection. If there are major issues, siding missing, or broken steps, they will add exclusions to your policy. If the policy does not specifically state an exclusion for the deck, regardless of the previous owner's contractor issues, I would think this should be covered. I would argue it with them at least.

Now I've only owned in Wisconsin and Michigan, and laws could be different in GA but I doubt they'd be that different. Check with your Insurance Commission and their website - it looks like there might be some possible info there. GADOI Home Page

If it comes down to it you could go after the home inspector that you had when you purchased the home (I'm assuming you are the owner.) You could go after the previous home owner... OR you could go after the city/township for allowing the deck to be built without a permit and inspection. This is NOT something that would normally be allowed to be built without permits and inspections in any area that I have ever seen. All said and done though - technically, the INSURANCE company is supposed to go after those people - that's why we have insurance.
__________________
"Always learn the rules so that you can break them properly." Dalai Lama
My Karma just ran over your Dogma.

Last edited by raeanna74; 05-26-2011 at 07:27 PM..
raeanna74 is offline  
Old 05-29-2011, 04:27 PM   #12 (permalink)
Junkie
 
james t kirk's Avatar
 
Location: Toronto
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
james t kirk is offline  
Old 05-29-2011, 06:06 PM   #13 (permalink)
Unbelievable
 
cj2112's Avatar
 
Location: Grants Pass OR
I seriously doubt that railroad spikes were used. This is a railroad spike:

Is that really what they used?

A few things from the post above:
Just how do you know the columns were overloaded? Note that it wasn't the columns that failed.

What is the proper spacing of the columns? Again, note that it wasn't the columns that failed.

I have yet to see an elevated deck w/ cross bracing on the columns. Again, note that the columns did not fail and still appear to be in place. I've seen a lot of houses in earthquake territory built on stilts w/ no lateral cross bracing. Hell I've seen freeway overpasses and entire piers with no lateral cross bracing. If the columns are properly fixed to the ground (concrete, or pier blocks) the bracing is unnecessary.

The lack of railing did not cause the deck to fail.

A "proper joist hanger" is unnecessary. People used butt joints for a very long time before joist hangers were invented.
cj2112 is offline  
Old 05-29-2011, 08:08 PM   #14 (permalink)
Currently sour but formerly Dlishs
 
dlish's Avatar
 
Super Moderator
Location: Australia/UAE
i dont know about builing regulations and rules in the states, but there's a general rule that if someone's going to do work to an existings tructure, that they have a duty of care inspect the existing structure and ensure that the existing structure is safe. Thats where doing work by an unlicensed person can be tricky. if the insurer found out that ralphie did work to it, it'd probably void his policy anyways.

im also not sure that bracing is necessary if the columns were concreted into place. one thing is for sure, that there was some sort of lateral movement for the deck to come off the wall. the deck should have at least been bolted into the house or it should have had posts underneath along the side of the wall. maybe another pic or two can clear that up
__________________
An injustice anywhere, is an injustice everywhere

I always sign my facebook comments with ()()===========(}. Does that make me gay?
- Filthy
dlish is offline  
Old 05-29-2011, 08:41 PM   #15 (permalink)
Getting it.
 
Charlatan's Avatar
 
Super Moderator
Location: Lion City
FYI - JT Kirk is an engineer (structural I believe).
__________________
"My hands are on fire. Hands are on fire. Ain't got no more time for all you charlatans and liars."
- Old Man Luedecke
Charlatan is offline  
Old 05-30-2011, 09:24 AM   #16 (permalink)
Psycho
 
ralphie250's Avatar
 
Location: Georgia
Quote:
Originally Posted by james t kirk View Post
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


I'm not an engineer. with that said

1.the issue isnt the columns being overloaded. they stayed just fine. they were cemented into the ground. it had 2 4x4 columns.

2. they were 4x4 columns. I dont know what they are suposto be. ( i didnt build it)

3. It had X bracing on the underside of the floor. (If thats what you mean)

4. It did have rail road spikes holding it to the house. It had 4 of them. i will take a picture and post it later. I know its not right but it might have been 27 years ago?? i dont know

5. I dont know what not having railing has to do with the deck falling?? i do admit that i never put it up. as i stated before we nover went out there. only the dogs. the door stayed locked so my daughter couldnt get out there. I never put them up due to lack of funds.

6. yes they were 1x6 boards. they were the composite material. ok so i used the wrong boards. but the floor didnt fall through.

7. i dont know what a joist hanger is. so i cant comment on that one.



I didnt BUY the house. the house was my mother in-laws house. when she passed away 4 years ago my wife thought it would be a good idea to take over the loan and sell our house (WRONG... but thats beside the point). we assumed the loan and all other things.

If its my problem then im ok with that but my thing is that all we did with the insurance is transfer it into our name. how is it my fault that the deck fell??? i didnt know it was held in with railroad spikes.

when i replaced the floor on it 3 years ago all seemed ok (but im not in construction work). how often do you hear of a deck falling off of a house???? every time i hear about it on the news its usually because they had 45 people on the deck. not 2.

---------- Post added at 01:24 PM ---------- Previous post was at 01:22 PM ----------

Quote:
Originally Posted by cj2112 View Post
I seriously doubt that railroad spikes were used. This is a railroad spike:

Is that really what they used?
yup, thats what it looks like
__________________
tomorrow i'm taking me fishing, hang a sign on the door of my life,
tell the world i've gone missing and i wont be back for a while.

Quote:
Originally Posted by Ourcrazymodern? View Post
Don't go to work for anybody who cares about anything other than your work performance. Such prejudiced idiots will never profit you.
ralphie250 is offline  
Old 05-30-2011, 09:35 AM   #17 (permalink)
warrior bodhisattva
 
Baraka_Guru's Avatar
 
Super Moderator
Location: East-central Canada
Quote:
Originally Posted by ralphie250 View Post
2. they were 4x4 columns. I dont know what they are suposto be. ( i didnt build it)

3. It had X bracing on the underside of the floor. (If thats what you mean)
I think he means something not unlike this:



It's a type of bracing that is meant to prevent lateral (sideways) movement of the 4x4 columns, which are only meant for vertical support, rather than lateral.

Those spikes are another matter.

I'm glad you weren't injured grievously. Be sure to get checked out if you have developed any persistent and disruptive pain, because the longer you let it go, the less likely you will heal properly. Take care of yourself.
__________________
Knowing that death is certain and that the time of death is uncertain, what's the most important thing?
—Bhikkhuni Pema Chödrön

Humankind cannot bear very much reality.
—From "Burnt Norton," Four Quartets (1936), T. S. Eliot
Baraka_Guru is offline  
Old 05-30-2011, 09:45 AM   #18 (permalink)
Currently sour but formerly Dlishs
 
dlish's Avatar
 
Super Moderator
Location: Australia/UAE
does your insurance policy cover personal harm and medical? or is that a different policy altogether?

id get checked out with a doctor and have him do a report just in case. especially if you say you got knocked out for a period of time.
__________________
An injustice anywhere, is an injustice everywhere

I always sign my facebook comments with ()()===========(}. Does that make me gay?
- Filthy
dlish is offline  
Old 05-30-2011, 09:47 AM   #19 (permalink)
Psycho
 
ralphie250's Avatar
 
Location: Georgia
it didnt have the above picture. just x braces under the flooring.

i am heeling good except for the concussion and my ankle is still bothering me. if its not better by wednesday then ill go th the dr. i know its not broken but im starting to think it might be cracked or something.




thanks to all for the well wishes. you are all correct. It could have been ALOT worse
__________________
tomorrow i'm taking me fishing, hang a sign on the door of my life,
tell the world i've gone missing and i wont be back for a while.

Quote:
Originally Posted by Ourcrazymodern? View Post
Don't go to work for anybody who cares about anything other than your work performance. Such prejudiced idiots will never profit you.
ralphie250 is offline  
Old 05-30-2011, 10:03 AM   #20 (permalink)
loving the curves
 
kramus's Avatar
 
Location: my Lady's manor
Pay attention to details over the next while, ralphie. My dad rang his bell a few years ago. Slowly over the next few weeks he began to drag a bit on one side. Found using cutlery difficult. Eating began to take a long, long time. Eventually he was wandering across the lane when driving, and he completely lost the ability to read and write. Turned out a slow leaking subdural haematoma was putting pressure on his brain. Doctors drilled his skull to relieve the pressure, and immediately Dad was his old self (note - old self means that at the age of 80 he was up a ladder putting joists on a shed he built at the cottage, that's when he fell).
__________________
And now to disengage the clutch of the forebrain ...
I'm going with this - if you like artwork visit http://markfineart.ca
kramus is offline  
Old 05-30-2011, 10:35 AM   #21 (permalink)
Crazy
 
MeltedMetalGlob's Avatar
 
Location: San Huevos, USA
Quote:
Originally Posted by ralphie250 View Post
my ankle is still bothering me. if its not better by wednesday then ill go th the dr. i know its not broken but im starting to think it might be cracked or something.
If X-rays don't show any fractures, then I recommend a good chiropractor. You may have just knocked some bones out of whack, and a specialist should be able to put things right.

(check with your doctor, first.)
__________________
How's your mom, Ed?
MeltedMetalGlob is offline  
Old 05-30-2011, 11:32 AM   #22 (permalink)
Insane
 
Location: hampshire
Whats money - compared to what could have happened had the children been underneath. Your blessing count, me thinks, is higher than your losses count.
Did a surveyour inspect the property before you purchased it - or on the landlords behalf if you rent.?
Get your head checked.
chinese crested is offline  
Old 05-30-2011, 12:07 PM   #23 (permalink)
Junkie
 
james t kirk's Avatar
 
Location: Toronto
Quote:
Originally Posted by Charlatan View Post
FYI - JT Kirk is an engineer (structural I believe).
Correct.

22 years designing bridges and infrastructure since finishing University in 1989. 11 Years working at UMA / AECOM in the bridge group. 9 years prior to that at Planmac. 2 years currently designing and building railway bridges.

Always designing infrastructure - mainly bridges.

Worked in Construction prior to that as an Iron Worker. Fabricating and erecting structural steel.

I've got bridges all over Toronto and Southern Ontario that I was either part of the design team, or the Lead Engineer on.

---------- Post added at 04:07 PM ---------- Previous post was at 03:52 PM ----------

Quote:
Originally Posted by cj2112 View Post
I seriously doubt that railroad spikes were used. This is a railroad spike:

Is that really what they used?

A few things from the post above:
Just how do you know the columns were overloaded? Note that it wasn't the columns that failed.

What is the proper spacing of the columns? Again, note that it wasn't the columns that failed.

I have yet to see an elevated deck w/ cross bracing on the columns. Again, note that the columns did not fail and still appear to be in place. I've seen a lot of houses in earthquake territory built on stilts w/ no lateral cross bracing. Hell I've seen freeway overpasses and entire piers with no lateral cross bracing. If the columns are properly fixed to the ground (concrete, or pier blocks) the bracing is unnecessary.

The lack of railing did not cause the deck to fail.

A "proper joist hanger" is unnecessary. People used butt joints for a very long time before joist hangers were invented.
Yeah, I'm familiar with bridge design.

The concrete columns do not require X bracing because they are considered fixed connections. Fixed at the footing and fixed at the cap beam because the rebar runds right from the bottom of the footings, through the columns and into the cap beams.

Bolted connections are not considered fixed connections, they are pinned connections and thus are laterally unstable unless they are braced, or fastended to a brace frame directly.

The stilts you see coming out of the ground are piles and they are considered fixed at the ground.

If the OP had 4 columns, correctly laterally braced, he would not have taken the express route down.

Here's a simple video:


Look around and you will see that buildings MUST have some sort of lateral bracing:

1. X frame
2. Moment Frame
3. Diaphragm
4. Concrete core

Just because you've seen decks without X bracing doesn't make it right.

Also, Pressure Treated Wood is the WORST shit wood out there.

Wood is either No. 1 Structural (usually used for bridges and formwork, etc.)

No. 2 - typically used for framing houses and the like.

Not Rated - shit wood so full of knots and imperfections that it cannot be rated and is sent to the Pressure Treating companies so they can do something with it.

In Canada, you will see SPF No. 2 stamped on most dimensional lumber you see in the stores, etc. SPF stands for Spruce, Pine, Fur (one or the other) and No. 2 is the grade. You will not see this stamped on PT wood.

I think you may be able to buy No. 2 Pressure Treated Wood, but I have not seen it.

And yes, a 15' long unbraced 4 x 4 is overloaded on what I can estimate from that photo, whether it failed or not. Though the design of the column is based on the intended floor loading. If this was Toronto, the minimum loading I would consider would be 1.8 Kilopascals, or about 40 pounds per square foot.

As to the lack of a railing not being responsible for the collapse - I agree, however, the very fact that it was not present is an indicator as to just how well the deck was constructed. A well constructed deck would have had a proper guard in place.

Last edited by james t kirk; 05-30-2011 at 12:11 PM..
james t kirk is offline  
Old 05-30-2011, 08:06 PM   #24 (permalink)
Insane
 
RogueGypsy's Avatar
 
Location: The Great NorthWet
Cut the guy a little slack, he didn't build the deck. The fuck wad that built it is the one you should be verbally slapping. The asshat that used railroad spikes, no cross bracing, no knee braces and by the span at least one too few 4x4 posts, is who's work failed.

Yes, he should have inspected or had a pro inspect the deck before resurfacing it.
Yes, there absolutely should have been a guard rail in place.
Yes, the decking should have been 5/4"+.
etc................

But what he did, although incorrect did not fail. It was a preexisting condition which absolutely should be covered by whoever insures the home. The insurer should have caught this long before it failed and at the very least informed the owner it was structurally unsound AND removed the deck. Structural issues are not something an insurer should be over looking.

And nothing against JTKirk personally or professionally, but show me anything structural that translates exactly from paper to real-world and I'll bow down a kiss your greasy balls. I've spent nearly 40 years around and working in, industries translating engineering dreams to real world product. Everything from Dam, pipeline and Highway construction to housing, as well as, electronics and electrical application. I do not recall seeing a single print in all those years that did not have field revisions before completion of the project. So, yeah, prints are the vision, but it takes a skilled builder to translate them to a working model. Now don't get me wrong, for all the headaches and hemorrhoids engineers cause us as builders. Without them our world would be a very ugly and dangerous place. But going from paper to structure is not a direct translation. Ever.

Engineers are not Gods, they're mathematical artists.

Nice avatar BTW- Trailer Park Boys is hilarious.
__________________
Methods, application and intensity of application vary by the individual. All legal wavers must be signed before 'treatment' begins. Self 'Medicating' is not recommend. However, if necessary, it is best to have an 'assistant' or 'soft landing zone' nearby. Any and all legal issues resulting from improperly applied techniques should be forwarded to: Dewy, Cheatum & Howe, Intercourse, PA 17534. Attn: Anonymous.

Last edited by RogueGypsy; 05-30-2011 at 08:09 PM..
RogueGypsy is offline  
Old 05-31-2011, 08:10 AM   #25 (permalink)
Psycho
 
ralphie250's Avatar
 
Location: Georgia
This is why i am a transmission man and not a builder. cause i dont know shit about wood working.

was i wrong in not having it checked out?? yes
was i wrong in not having hand rails yet??? yes
is it my fault the deck collapsed??? hell no (thats my opnion)

allthough i have learned a few things now.
__________________
tomorrow i'm taking me fishing, hang a sign on the door of my life,
tell the world i've gone missing and i wont be back for a while.

Quote:
Originally Posted by Ourcrazymodern? View Post
Don't go to work for anybody who cares about anything other than your work performance. Such prejudiced idiots will never profit you.
ralphie250 is offline  
Old 05-31-2011, 09:46 AM   #26 (permalink)
Junkie
 
Hektore's Avatar
 
Location: Greater Harrisburg Area
Quote:
Originally Posted by ralphie250 View Post
This is why i am a transmission man and not a builder. cause i dont know shit about wood working.

was i wrong in not having it checked out?? yes
was i wrong in not having hand rails yet??? yes
is it my fault the deck collapsed??? hell no (thats my opnion)

allthough i have learned a few things now.
If it was within your ability to prevent it and you chose not to, then you bear an equal share of the responsibility.
__________________
The advantage law is the best law in rugby, because it lets you ignore all the others for the good of the game.
Hektore is offline  
Old 05-31-2011, 09:54 AM   #27 (permalink)
Future Bureaucrat
 
KirStang's Avatar
 
I was reading an article regarding denied claims on Readers Digest. Here's an online article that similarly approximates the material:

What should I do if my Homeowners insurance claim is denied?

Ask for a second opinion (another claims adjuster), review your policy, hire a claims specialist, call customer service etc. etc.

Good luck, and I'm glad you weren't seriously injured (for now).
__________________
Quote:
Originally Posted by Lieber Code on the laws of war
"Men who take up arms against one another in public war do not cease on this account to be moral beings, responsible to one another and to God."
KirStang is offline  
Old 05-31-2011, 02:08 PM   #28 (permalink)
Upright
 
I was an insurance broker for 15 years dealing with building and property insurance (amongst other stuff).

There is a common requirement to assume that the building is maintained properly to qualify for continued cover, and that any defects in construction be notified to the insurers before cover commences, otherwise - as you have found - your claim may be refused. Insurers often won't pay the bill for something you should have done to maintain the property.

My advice to anyone is to keep your insurance company informed about your property's condition, be up front with them about it, if there's a problem they can inspect (if you like) and often give help before anything unfortunate happens.

BTW I doubt if having 45 people on a deck would be covered either, unless the insurers were informed about it's intended use otherwise from a 'normal' dwelling, which I presume they were charging for.

P.S. Sorry to hear about your injuries, and hope you get well soon.

Last edited by thesurgeon; 05-31-2011 at 02:20 PM..
thesurgeon is offline  
Old 05-31-2011, 04:48 PM   #29 (permalink)
Currently sour but formerly Dlishs
 
dlish's Avatar
 
Super Moderator
Location: Australia/UAE
Quote:
Originally Posted by thesurgeon View Post
I was an insurance broker for 15 years dealing with building and property insurance (amongst other stuff).

There is a common requirement to assume that the building is maintained properly to qualify for continued cover, and that any defects in construction be notified to the insurers before cover commences, otherwise - as you have found - your claim may be refused. Insurers often won't pay the bill for something you should have done to maintain the property.

My advice to anyone is to keep your insurance company informed about your property's condition, be up front with them about it, if there's a problem they can inspect (if you like) and often give help before anything unfortunate happens.

BTW I doubt if having 45 people on a deck would be covered either, unless the insurers were informed about it's intended use otherwise from a 'normal' dwelling, which I presume they were charging for.

P.S. Sorry to hear about your injuries, and hope you get well soon.
so what youre saying is that insurance companies ate happy to take your money ever month but not bothered to come out and do an inspection and rely on the owner to tell them if something is wrong even if they may not be qualified to make that judgement. whatr if the owner lives in another state or country to where they own property?

it just sounds like a get out clause to me. the classic 'oh we didnt know', therefore its void argument. in the same way that they make people who have life insurance do health checks, is it not reasonable for these companies to send their inspectors out and validate the condition of the house?

in the meantime people like ralphie are paying a portion of their premium on something that was never insurable. sounds like the little guy is getting screwed over again.
__________________
An injustice anywhere, is an injustice everywhere

I always sign my facebook comments with ()()===========(}. Does that make me gay?
- Filthy
dlish is offline  
Old 05-31-2011, 07:04 PM   #30 (permalink)
Upright
 
Quote:
Originally Posted by dlish View Post
rely on the owner to tell them if something is wrong even if they may not be qualified to make that judgement
Yep, the proposal of insurance will usually ask if there is anything wrong with the property - a dodgy 27 year old wooden deck held together with pins/pegs/spikes for example - it's up to the property owner to inform the insurers of their risk, if they are in any doubt they should disclose it, that's what forms the contract (which is usually renewed every year without a thought) this is exactly where the little guy goes wrong - he doesn't care about contracts or insurance.... until he needs it.

The company will assume the property is in normal 'up to code' condition, until told otherwise, and charge/cover accordingly - hence the 'oh we didn't know' classic.

Unfortunately, with ownership comes the responsibility of ownership, but personal finance is so alien to too many people so little guys keep getting reamed by the big guys, it will carry on 'til we wise up.

'Ah well it's only money'.

Finance and insurance should be taught at school - it's big business.
thesurgeon is offline  
Old 06-01-2011, 05:00 AM   #31 (permalink)
Psycho
 
ralphie250's Avatar
 
Location: Georgia
ok, so what if i hadnt repalced the flooring. and say the deck fell (as is did) how am i suposto know the deck was not built to code if you cant see whats behind the wall? i didnt know that it was held togeather with spikes until it fell. how is it my responsability as a homeowner to tell the insurance company something that i didnt know? i dont have super powers.
__________________
tomorrow i'm taking me fishing, hang a sign on the door of my life,
tell the world i've gone missing and i wont be back for a while.

Quote:
Originally Posted by Ourcrazymodern? View Post
Don't go to work for anybody who cares about anything other than your work performance. Such prejudiced idiots will never profit you.
ralphie250 is offline  
Old 06-01-2011, 12:38 PM   #32 (permalink)
Insane
 
RogueGypsy's Avatar
 
Location: The Great NorthWet
There is the crux of 'knowing what you're doing'. Hiring a home inspector when purchasing or acquiring a home is supposed to relieve this burden. They are supposed to know code and how it applies to save the home owner these kinds of head & foot aches. Unfortunately, not everyone hires an inspector and even those who do, don't always get the info they need. Not all, but most of the inspectors out there are just looking to make a buck and with no liability on their part, just don't care.

Had someone inspected that deck who knows what they're doing, a few things would have been evident right away.

1. No lag bolts in the rim joist. (they're easy to see if you know to look for them).
2. No knee or cross braces. (vital on a deck standing so high and easy to see).
3. Rotting deck (floor) boards. (you had enough knowledge to find this, a pro should too).
4. No joist hangers. (even if they weren't code when it was built, they are cheap and easy to add after the deck is built).

Any one of these would deem the deck unsafe in my mind and likely by code in your area. In the future, if you don't know something, hire someone who does and ask lots of questions.

I'm still not convinced that the liability is all on your shoulders for this though. I would keep pushing the insurer until you get a more satisfactory result. I find it hard to believe and insurer would insure anything sight unseen. Fuck even my car insurance guy has me drive to his office to look a car over before he'll insure it. I'm pretty sure if the hood was missing and one of the wheels was falling off, he'd tell me 'no way, fix it or forget it'.
__________________
Methods, application and intensity of application vary by the individual. All legal wavers must be signed before 'treatment' begins. Self 'Medicating' is not recommend. However, if necessary, it is best to have an 'assistant' or 'soft landing zone' nearby. Any and all legal issues resulting from improperly applied techniques should be forwarded to: Dewy, Cheatum & Howe, Intercourse, PA 17534. Attn: Anonymous.
RogueGypsy is offline  
Old 06-01-2011, 03:47 PM   #33 (permalink)
Getting it.
 
Charlatan's Avatar
 
Super Moderator
Location: Lion City
A good home inspector can save you a tonne of cash. When we bought our house, he point out some issues that gave us the ability to negotiate for a lower cost of purchase.
__________________
"My hands are on fire. Hands are on fire. Ain't got no more time for all you charlatans and liars."
- Old Man Luedecke
Charlatan is offline  
Old 06-01-2011, 04:11 PM   #34 (permalink)
Upright
 
I still can't see the insurers moving on this. The deck wasn't up to code so it's not covered, whether you knew it was or not is irrelevant, but it's still down to you to let them know what they're insuring - or they wont cover it. I'm guessing they covered you for 'standard construction', if your deck was of standard construction then they would have paid up and taken the hit.

I'm in the UK so things are probably different over here but, insurers don't normally inspect buildings/cars/cats/dogs/bicycles/people etc before issuing cover but rely on information given to them by the proposer, if that suggests anything unusual about the risk then special terms or restrictions may be included in the contract accordingly.

Premiums would be even higher than they are now if insurance inspectors examined every single risk before covering it. I don't expect them to give my rabbit a medical examination, they just ask - how old is it? what breed?, has it had it's check ups?, will it in the future? any claims in the past 5 years? Its down to me to include any 'material facts' that may influence their decision, if I'm unsure I should tell them anyway.

From what I know most external timber structures over 20 years old will not be in the best of condition and will need inspecting, you don't need to be an expert to spot rotting timber, similarly you don't need to be a mechanic to spot a wheel falling off or a missing hood. There is a legal expression over here 'the man on the Clapham omnibus', ie a normal non expert layman, who can be responsible for a reasonable standard of care.

The trick with insurance is to get it right at the start, you may have to spend some time doing it (or get a good broker to earn his commission), but it's better than trying to sort it out after an accident, which must add to the pain.
thesurgeon is offline  
Old 06-01-2011, 06:19 PM   #35 (permalink)
Junkie
 
Quote:
Originally Posted by ralphie250 View Post
on sunday me and a buddy of mine were on my back deck and it collapsed. we were 15 feet in the air. crushed my ac unit banged me up pretty bad, i ended up with a concusion liots of scrapes and bruises and a sprained ankle. homeowners insurance came out and inspected it and told me that the claim would be denied due to when the builder built the house (in 1984) they did not put flashing between the house and the deck so the rotted wood is not a covered part (found out they used railroad spikes to hold the deck to the house). Is there a way to argue this?




I landed between the house, and the deck. The grill slid down the deck and smacked me on the head and knocked me out for about 45 seeconds or so. my buddy got away with a small scratch on his back.
I asked my homeowners agent about this and he says that your problem here is that your deck failed because of gradual deterioration. Insurance does not cover, and is not meant to cover, failure due to gradual deterioration. A simple example would be if the shingles blow off your roof in a thunderstorm and, as a result, you have water damage inside, your insurance covers that.

If your roof leaks because it has worn out from being exposed to the elements for the last thirty years, you do not have an insurance claim for water damage.
The rotten wood is obvious evidence of gradual deterioration, whether you knew about it or not. That's a maintenance problem, not an insurance claim. My agent didn't think that the "railroad spikes" affected the situation one way or the other. They held the deck in place for many years, until the wood rotted away around them. Given proper maintenance, your deck would probably still be standing.

He also said that he would bet that, had your deck blown down in a windstorm, your insurance would have paid your claim without question.

Lindy
Lindy is offline  
Old 06-04-2011, 02:26 AM   #36 (permalink)
Psycho
 
ralphie250's Avatar
 
Location: Georgia
Well after a couple of phone calls the insurance company denied my claim (imagine that). for the reason of rotting wood. couple of things with this. i found out when they came out and did an inspection of my house for coverage all they did was walk around my house to make sure it was not falling apart. they told me that they naver came inside to do any type of interior inspection. That just sucks. but oh well...

after about 2 weeks i am all healed up as far as all the bruises and contusions. my ankle is getting better but its still a little touchey. i finally did go to the dr and they told me i had a major concussion. my head still hurts a little but not like it did before. just takes time is what they told me.

thanks to everyone for the get well wishes.



next issue. how to i go about fixing my house. it has to ahve the board (that the deck bolts to) repalced. is that a major thing???? any suggestions??
__________________
tomorrow i'm taking me fishing, hang a sign on the door of my life,
tell the world i've gone missing and i wont be back for a while.

Quote:
Originally Posted by Ourcrazymodern? View Post
Don't go to work for anybody who cares about anything other than your work performance. Such prejudiced idiots will never profit you.
ralphie250 is offline  
Old 06-05-2011, 04:54 AM   #37 (permalink)
Junkie
 
Hektore's Avatar
 
Location: Greater Harrisburg Area
Quote:
Originally Posted by ralphie250 View Post
...any suggestions??
Hire someone who knows what they're doing.
__________________
The advantage law is the best law in rugby, because it lets you ignore all the others for the good of the game.
Hektore is offline  
Old 06-06-2011, 04:35 AM   #38 (permalink)
Psycho
 
ralphie250's Avatar
 
Location: Georgia
Quote:
Originally Posted by Hektore View Post
Hire someone who knows what they're doing.
hell, i know that...
__________________
tomorrow i'm taking me fishing, hang a sign on the door of my life,
tell the world i've gone missing and i wont be back for a while.

Quote:
Originally Posted by Ourcrazymodern? View Post
Don't go to work for anybody who cares about anything other than your work performance. Such prejudiced idiots will never profit you.
ralphie250 is offline  
Old 06-08-2011, 01:57 PM   #39 (permalink)
Insane
 
RogueGypsy's Avatar
 
Location: The Great NorthWet
The first thing you need to do is have a pro assess the rot. If water's been soaking into the rim for 30 years, you can bet it's in the joists and plate as well. That could mean the same thing that happened to the deck, could happen to the floor inside the house. That has to be fixed first.

After that, the deck is more about muscle, than skill, when it's that high off the ground. IF the deck joists don't have any rot, you may be able to re-attach what you already have once the other rot is taken care off.

Lags, joist hangers, lateral braces, a hand rail and some sweat should get your deck back in order.
__________________
Methods, application and intensity of application vary by the individual. All legal wavers must be signed before 'treatment' begins. Self 'Medicating' is not recommend. However, if necessary, it is best to have an 'assistant' or 'soft landing zone' nearby. Any and all legal issues resulting from improperly applied techniques should be forwarded to: Dewy, Cheatum & Howe, Intercourse, PA 17534. Attn: Anonymous.
RogueGypsy is offline  
Old 06-13-2011, 10:28 AM   #40 (permalink)
Upright
 
wow glad you werent seriously injured. Looks like that could have been bad.
hoyt 07 is offline  
 

Tags
collappsed, deck


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -8. The time now is 04:50 PM.

Tilted Forum Project

Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
Search Engine Optimization by vBSEO 3.6.0 PL2
© 2002-2012 Tilted Forum Project

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360