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The Impact of Building Code Violations on Personal Injury Lawsuits

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The Impact of Building Code Violations on Personal Injury Lawsuits

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The Impact of Building Code Violations on Personal Injury Lawsuits

Brubaker Injury Law

April 9, 2024


As a personal injury law firm, we understand the critical role that building codes play in ensuring safety within commercial properties. When businesses fail to adhere to these codes, they not only jeopardize the well-being of occupants but also open themselves up to potential legal consequences. In this article, we explore how violations of building codes can serve as a basis for bringing a personal injury lawsuit.

Understanding Building Codes

Building codes are regulations set by local, state, or federal authorities to ensure the safety, structural integrity, and functionality of buildings. These codes cover various aspects, including electrical systems, fire safety, plumbing, accessibility, and structural design. Compliance with building codes is essential to prevent accidents and protect occupants.

The Role of Negligence in Personal Injury Claims

When an accident occurs due to an unsafe condition or building code violation, the negligent party may be held liable for injuries sustained by others. Here’s how building code violations intersect with premises liability lawsuits:

  1. Duty of Care: Property owners and commercial businesses owe a duty of care to visitors, customers, and employees. This duty includes maintaining a safe environment and complying with applicable building codes.
  2. Negligence: Negligence occurs when a party breaches their duty of care, resulting in harm to another person. Building code violations can be evidence of negligence. For instance:
  • A business owner fails to install proper handrails on a staircase, leading to a fall and injury.
  • A property manager neglects fire safety regulations, endangering occupants during an emergency.

Proving Liability

To establish liability based on building code violations, consider the following steps:

  1. Identify the Violation: Investigate the circumstances surrounding the injury. Was there a specific code provision that the business failed to follow? Examples include inadequate lighting, faulty wiring, or improper signage.
  2. Causation: Demonstrate a direct link between the violation and the injury. If the violation directly contributed to the accident (e.g., a broken railing causing a fall), it strengthens the case.
  3. Ordinary Negligence: While building code violations may fall under ordinary negligence, they can still serve as a basis for a lawsuit. Courts recognize that failing to adhere to safety standards can lead to harm.


Commercial businesses must prioritize adherence to building codes to protect both their patrons and themselves. If you or a loved one has suffered an injury due to a building code violation, consult our experienced personal injury firm. We’ll fight to ensure you receive fair compensation and hold negligent parties accountable.

Call (800) 817-9301 or visit our website to schedule a free case evaluation.

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