In most personal injury cases, the plaintiff seeks damages under a theory of negligence. There are four key elements of any negligence claim that must be proven, including duty, breach, causation and damages. Duty means that the defendant owed the plaintiff a legal duty of care, either due to a preexisting relationship between the parties or because of the special facts of the case. A breach of that duty occurs when the defendant does something that a reasonable prudent person would not have done under similar circumstances. Next, the plaintiff must show that the defendant’s breach caused the plaintiff’s injuries. Finally, damages must be proven. This means determining what monetary value could properly compensate the plaintiff for his or her injuries.
John P. Zanger suffered severe personal injuries when he fell from an apartment balcony in Swansea, Illinois. The life-threatening accident occurred on May 3, 2015 in one of the Willow Park Apartments on Roger Ave in Swansea. According to his lawsuit, faulty balcony railings were to blame for his fall and subsequent injuries. With the help of attorney Brian M. Wendler, Zanger is seeking more than $200,000 from the Willow Park Apartments alleging the company failed to provide a safe balcony, failed to properly maintain the railings, and failed to warn visitors of a dangerous condition.
After falling from the balcony, Zanger suffered injuries to his spine, head, left leg and left shoulder. He is hoping to recover damages for medical expenses, as well as pain and suffering and loss of enjoyment of life. The lawsuit seeks these damages under theories of negligence, violations of the Premises Liability Act, and willful and wanton disregard for safety. According to the Madison Record, the case was filed just weeks after the accident in St. Clair County Circuit Court.