Who’s Liable When You’re Injured By a Falling Object?

Falling objects can cause severe and possibly fatal consequences. Unfortunately, most victims consider such events as mere accidents. However, business and property owners are responsible for ensuring their visitors’ safety against injuries from falling objects.

Common injuries associated with falling objects include skull fractures, head injuries, and traumatic head damage. Sometimes the injuries may result in long-term disability or wrongful death of a loved one.

You’re entitled to compensation if a falling object has hit you or a loved one in public or at work. An experienced premises liability lawyer can help you determine the liable party and the best course of action to get the compensation you deserve.

Types of Injuries Sustained From Falling Objects

Falling objects can inflict severe injuries on someone leading to a permanent disability or even death. However, the property owner is not always liable for your injuries. Certain factors determine liability for injuries from falling objects. Ideally, you must have enough proof that the at-fault party knew about the risk and could have prevented it.

Common injuries from falling objects include:

• Head fractures
• Lacerations
• Soft tissue injuries
• Neck injuries
• Back injuries
• Traumatic brain injuries
• Injuries to the spine which cause tetraplegia or paraplegia

Moreover, the severity of the injury depends on the type, size, and weight of the falling object. For instance, a big and heavy object like a cement block can cause severe injuries leading to permanent disability and even death.

Types of Claims for Falling Objects Injuries

Before taking action against an injury from a falling object, you must understand the type of claim to make. Here are some examples of falling objects claims.

Medical expenses

This is compensation to cater to medical care costs, including medication, hospitalization, and drug prescriptions.

Special damages

This compensates actual out-of-pocket expenses and provable losses.

Care costs

If the injuries from falling objects result in permanent disability requiring long-term care, you might file a claim to compensate for the care costs.

Travel costs

If you have to make journeys due to injuries from falling objects, you’re entitled to compensation for travel costs. This includes going for weekly hospital checkups.

Loss of income

If injuries from falling objects prevent you from working and earning your daily/monthly income, you’re entitled to compensation from the liable party.

Cases associated with falling object injuries

Falling objects can occur inside or outside buildings or just out in public. For instance, you might be walking on the street, and suddenly, something hits you from above, or you’re shopping at a retail store and an object stacked high on the shelf falls and hits you. The retail store owner will be liable for the damages in this case.

Other examples include:

• Falling tools, debris, or materials from a construction site—depending on various factors, liability will fall on the person who dropped the object, the construction company, or the property owner.
• Falling trees and tree branches—if this occurs within the premises of a hotel or any public entity, the owner will be liable.
• Products falling from high shelving in a warehouse, store, or supermarket—the owner or manager will take the blame
• Faulty light fittings falling in an office or factory—the electrician and the property owner will take liability.
• Objects falling from a moving truck—in most cases, the company takes the fault, not the driver. Sometimes, the vehicle manufacturer may be the at-fault party, especially if the object came from the vehicle’s body.

No matter the case, if you’re injured by a falling object due to someone else’s negligence—and can prove it, you have a right to make a claim.

What to do if a falling object strikes you or your loved one

If you or someone you know has sustained an injury from a falling object, the first step is to seek medical attention. Remember, your life is more important than anything else, and falling objects can cause traumatic head injuries, which could have a physical and mental impact on your health.

Sometimes, you may not feel the extent of the injury right away, but this doesn’t mean you should ignore it completely—internal injuries are worse and could lead to death.

Given the nature of injuries from falling objects, you might not be in a position to collect evidence and report the matter to relevant authorities. In this case, we recommend having someone else do it for you while you seek medical attention. Here’s what needs to be done:

• Take photos capturing the accident scene. Be sure to capture the object that hit you and the overhead area it came from.
• Identify any witnesses and get their contacts—you need to ask them if they are willing to testify in court on your behalf.
• Surveillance cameras—most public properties have CCTV cameras on their premises to monitor activity. Locate any camera and get the necessary approvals to obtain the footage.

Talk to a South Carolina Injury Attorney at Elrod Pope Law Firm

Determining the at-fault party for injuries related to falling objects can seem daunting. Moreover, if the injuries are severe, you may not be able to pursue the claim within the stipulated time. Therefore, you should speak with an attorney focusing on your case to help you determine liability and the best course of action.

At Elrod Pope Law Firm, we have over 40 years of experience dealing with catastrophic injury cases, including those with falling objects. We work on a contingency basis, meaning you only pay us if we win your case. Contact us for a free case evaluation.

Falling Object Case FAQs