Picture this: You’re a college student standing on a balcony. You’re talking with others outside when suddenly you feel the ground shift as the entire balcony falls over. When you wake up, you’re in the hospital with a left ankle fracture, a severe spleen injury, and other orthopedic injuries.
On October 17, 2025, an 8-by-12-foot balcony in the 200 block of Stetson Street near the University of Cincinnati collapsed. Ten people were taken to Cincinnati hospitals by the fire department.
University of Cincinnati medical student Andrew McGovern allegedly sustained disabling and permanent injuries when the Stetson Street balcony collapsed. McGovern and several others fell nearly 20 feet to the ground below.
McGovern is suing Stetson Square Condominium Unit Owners Association, Eclipse Community Management, property owners Hezekiel and Saba Eskender, as well as others allegedly responsible for the maintenance and repair of the balcony. The lawsuit alleges that one of the balcony’s main support beams failed, though investigations into the collapse are still ongoing. Fire personnel said it collapsed from the weight of too many people.
How are Property Owners Responsible for an Accident?
Premises liability law requires that property owners ensure the safety of any person who enters their property and take all reasonable measures to ensure their safety. There are exceptions, but generally, property owners are responsible for the safety of their guests and invitees.
To prove premises liability, the plaintiff, or person bringing the lawsuit, generally must prove the following:
The owner owed a duty of care to the visitor or person injured on their property;
There was a dangerous, unsafe, or defective condition on the owner’s property;
The owner knew of the dangerous, unsafe, or dangerous condition but failed to remedy the situation; and
That the injury occurred due to the owner’s failure to exercise their duty of care to prevent the accident and resulting injury.
A homeowner may not know if a support beam requires maintenance, though they may still be responsible for checking if such a search would be reasonable.
Who Is Responsible if Too Many People Had Been On the Balcony?
The homeowners may still be responsible for warning about capacity limit if the homeowners knew there was a risk with the number of persons who could be on the balcony. Likewise, the contractors or construction company may be responsible for warning the homeowners if they know that the balcony has a capacity limit.
If no one knew or could have known that the balcony could collapse, then no one may be responsible. Although lawsuits are supposed to hold people responsible for an injury, sometimes life just happens randomly without explanation. Litigation may encourage people to act more responsively; there may well be some cases where no amount of caution can prevent an accident. However, an investigation propelled by a lawsuit may still be worth pursuing to ensure that every avenue of compensation is explored.
Do I Need the Help of a Personal Injury Attorney?
If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.
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