Every year, falling objects injure tens of thousands of people across the United States in workplaces and public spaces alike. According to the Bureau of Labor Statistics, more than 42,000 “struck by falling object” incidents are recorded annually, nearly one every 10 minutes. In 2017 alone, 278 workers lost their lives after being struck by a falling object, and dropped objects remain one of OSHA’s “Fatal Four” causes of construction deaths.
Even a tool as small as an eight-pound wrench dropped from 200 feet can hit the ground at 80 mph with a force of over 5,500 pounds, enough to cause catastrophic injury.
While these accidents are most common on construction sites, warehouses, and retail settings, they also occur in everyday public places like shopping centers, sidewalks, and offices. Injuries range from bruises and sprains to permanent disabilities and traumatic brain injuries.
Beyond the immediate health consequences, these incidents often raise significant legal questions about responsibility and compensation.
In this article, we’ll explain the steps you should take after being hit by a falling object, how liability is determined, and what legal options you may have to recover damages.
Seek medical attention immediately, even if your injury appears minor at first. Some symptoms of serious injuries, like concussions or internal bleeding, may not show up right away. Medical documentation creates a critical record linking your injuries to the incident.
Report the incident promptly. If you’re at work, notify your employer or supervisor. In a public space, inform the property management or security personnel. Make sure this report gets documented in writing.
Gather evidence while you’re still at the scene. Take photographs of:
Collect witness information. Get names, phone numbers, and email addresses from anyone who saw what happened. Their statements can become valuable evidence later.
Preserve the object if you can, or request that management secure it as evidence. The physical item may reveal defects, improper maintenance, or safety violations.
Liability in falling object cases centers on the legal concept of duty of care and negligence. Property owners, employers, and others in control of a space have a responsibility to maintain safe conditions and prevent foreseeable hazards.
Employers have strict obligations under OSHA regulations to prevent falling object hazards. These requirements include providing hard hats, securing tools and equipment, installing safety nets, and maintaining proper shelving systems.
Workers’ compensation typically covers workplace injuries regardless of who was at fault. This means you can receive benefits even if you contributed to the accident.
However, third-party lawsuits may be possible in certain situations.
If a defective product, equipment manufacturer, or subcontractor caused the falling object, you might have grounds to sue beyond your workers’ comp claim.
Premises liability law applies when falling object accidents occur in public spaces. Businesses and property owners must maintain safe environments for visitors and customers.
Retail stores face frequent claims involving falling merchandise. Boxes falling from high shelves, improperly stacked inventory, and overloaded displays are common scenarios.
To hold a property owner liable, you must prove the hazard was foreseeable. This means showing they knew or should have known about the dangerous condition, like items stacked precariously or shelves loaded beyond their weight capacity.
Contractors, maintenance crews, or product manufacturers may share liability if their actions or products contributed to the accident. Defective equipment, poor installation, or improper maintenance can create grounds for additional claims beyond workers’ comp or premises liability cases.
Workers’ Compensation provides medical care and wage replacement benefits after a workplace injury. The system operates on a no-fault basis, meaning you don’t need to prove anyone was negligent. However, workers’ comp doesn’t compensate you for pain and suffering.
Personal injury lawsuits occur when accidents happen in public spaces or when a third party is responsible. These claims can recover medical expenses, lost wages, pain and suffering, and future medical care costs.
Both options may apply in some situations. For example, if a warehouse worker gets injured by defective shelving manufactured by an outside company, they can receive workers’ comp benefits while also filing a product liability lawsuit against the manufacturer.
Building a successful negligence claim requires establishing four elements:
Workers’ compensation claims have strict reporting deadlines that vary by state. You might need to notify your employer within days to weeks of the injury, though you typically have years to file an official claim.
Personal injury lawsuits must be filed within the statute of limitations, usually one to three years from the injury date. Different states set different timeframes.
Government property cases require special attention. If your injury occurred on government-owned property, you may need to file a notice of claim within months, sometimes as few as 30 to 180 days.
Missing these deadlines can permanently bar you from recovering compensation.
Getting struck by a falling item can leave lasting physical and financial consequences, and the laws surrounding these accidents are complex; deadlines to take legal action arrive quickly. An experienced injury lawyer can investigate what happened, identify who should be held accountable, and pursue the compensation you deserve.
If you were hurt by a falling object at work or in public, don’t wait. Contact our falling object injury lawyers today for a FREE CONSULTATION and learn how we can help protect your rights. We cover all areas of California, Georgia, Arizona, and Texas.
Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $1.9 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.
State law limits the time you have to file a claim after an injury accident, so call today.
