A falling object can cause serious injuries with little or no warning. Merchandise falling from a store shelf, construction materials dropping from above, ceiling fixtures coming loose, or objects falling from balconies are just a few examples of incidents that may raise questions about property owner responsibility. Understanding these dangers and the necessary safety precautions to take moving forward is crucial for your safety and well-being.
Understanding the Dangers of Falling Objects
Falling object accidents occur when an item falls, drops, tips, or becomes detached and strikes someone on or near a property. These incidents can occur in many locations, including but not limited to the following.
- Grocery stores and retail stores
- Warehouses
- Shopping centers
- Apartment buildings
- Hotels
- Restaurants
- Construction areas
- Parking structures
- Office buildings
- Schools and other public facilities
Examples may include merchandise falling from an overhead shelf, a light fixture becoming detached from a ceiling, tools falling from an elevated work area, or materials dropping from a balcony. The circumstances leading to the incident are important when evaluating whether another party may have been negligent.
Premises Liability Laws
California law generally requires those who own, lease, occupy, or control property to exercise reasonable care in maintaining it. Reasonable care can include discovering unsafe conditions and repairing, replacing, or adequately warning about conditions that could reasonably be expected to cause harm.
In a premises liability claim, an injured person usually must establish that the defendant owned, leased, occupied, or controlled the property, was negligent in the use or maintenance of the property, the person suffered harm, and the negligence was a substantial factor in causing that harm.
Property Owners and their Responsibilities
A property owner or business may potentially be responsible for a falling object accident when a dangerous condition existed, and reasonable steps were not taken to address it. For example, liability may be considered when merchandise was improperly stacked on a high shelf and later fell onto a customer. As a result, it may be important to understand whether the property owner acted reasonably under the circumstances.
Falling Merchandise in Stores
Retail businesses usually keep merchandise above customer areas. When heavy or improperly secured products fall, customers may suffer head, neck, shoulder, or other injuries. Potential issues in these cases may include the following.
- Whether the products were safely stacked
- Whether shelving was properly maintained
- Whether employees followed store procedures
- Whether similar incidents or complaints had previously occurred.
A falling product alone does not establish negligence. An investigation may be needed to determine why the item fell and whether reasonable precautions could have reduced the risk.
Objects that may Fall From Buildings
Objects may also fall from balconies, windows, rooftops, ceilings, or building exteriors. Examples include pieces of building material, fixtures, signs, decorative elements, or objects stored on balconies. Responsibility may depend on who controlled the area and what caused the object to fall. Depending on the circumstances, potentially responsible parties may include, but are not limited to, the following.
- A property owner
- Tenant
- Management company
- Contractor
- Maintenance provider
As a result, determining control over the condition is an important part of evaluating a potential claim.
Types of Injuries
Even relatively small objects can cause injuries when they fall from a significant height. Depending on the circumstances, injuries may include:
- Head injuries
- Concussions or traumatic brain injuries
- Neck and back injuries
- Shoulder injuries
- Cuts and lacerations
- Fractures
- Soft-tissue injuries
- Facial or dental injuries
Individuals who are injured should consider obtaining appropriate medical attention and documenting their symptoms and treatment.
Preserving Important Pieces of Evidence
Evidence may become more difficult to obtain as time passes. When possible and safe to do so, an injured person may want to document the location of the accident, the object involved, surrounding conditions, and any visible injuries. Other potentially relevant information may include but is not limited to:
- Witness names and contact information
- Photographs or video
- Incident reports
- Surveillance footage
- Medical records
- Maintenance records
- Communications regarding the hazardous condition.
The type of evidence that matters will depend on the circumstances of each incident.
Speaking with a Qualified Professional
Individuals injured by a falling object may have questions about who controlled the property, how long the dangerous condition existed, whether reasonable inspections were conducted, and whether another party contributed to the accident. This is why it may be beneficial to seek the help of a legal professional to guide you through the claims process.
The Legal Team at KAASS LAW
KAASS LAW can review the circumstances surrounding a falling object accident and discuss the legal issues that may apply. Depending on the facts, this may include evaluating who owned or controlled the property, reviewing available evidence, examining whether a dangerous condition existed, and considering whether another party's conduct may have contributed to the incident. Call KAASS LAW to discuss your potential options moving forward.