When you enter private property, you expect the property owner to remove hazards and maintain a safe environment. As a result, if you’ve experienced an injury from falling objects on another person’s property, you may be hurt, confused, and unsure of how to proceed.
Falling objects cases often fall under personal injury or workers’ compensation claims, depending on the environment where they occurred. In either case, you may be able to hold the property owner liable for your falling objects injury. Our falling objects injury lawyer team can help.
At Bryan Garrett Personal Injury Law Firm, we have extensive experience helping clients like you receive compensation for injuries that were not their fault. Contact us today to schedule your free initial consultation.
What Is a Falling Objects Case?
A falling objects case is a personal injury case in which a person becomes injured from a falling object. When this kind of accident occurs on private property, the property owner is sometimes liable.
According to Oklahoma law, property owners have a duty of care to certain types of visitors to their premises. The law divides visitors into three categories, specifying the responsibility property owners have over each:
- Invitee: A person the property owner invited to the property, such as a family member, friend, neighbor, or customer
- Licensee: A person who has express permission to enter the property, but they do so for their own purposes, such as a friend who dropped by unannounced
- Trespasser: Someone who does not have a lawful right to be on the property
Property owners have the most responsibility for invitees, slightly less for licensees, and little for trespassers. However, property owners cannot willfully harm trespassers. Additionally, children who trespass typically have more rights in premises liability cases.
Working with a qualified falling objects injury lawyer can help you understand whether the property owner is liable for your injury.
Common Falling Objects Cases
You may think that being injured by a falling object is a rare occurrence. In reality, these cases happen more than you may think.
Here are a few examples of falling objects cases in Oklahoma:
- Merchandise falling off the top shelf at a store
- Tools or building materials falling on a construction site
- Unsecured ceiling materials falling on customers at a restaurant
- Tall shelves falling on patrons at a store or library
- A visitor dropping an object off an observation tower, hitting a pedestrian below
Falling Objects on Private Property
Many falling object cases happen on private property. For example, a premises liability accident can take place at any of the following properties:
- A friend’s house
- A grocery store
- A restaurant
- A construction zone that you are lawfully walking past
- A library
- A factory you are touring
These cases typically qualify as premises liability cases, which fall under the personal injury umbrella.
Falling Objects in the Workplace
Falling object injuries can also qualify as worker’s compensation cases when they take place in the workplace. The most common environment for workplace falling object cases is construction sites.
Construction managers must ensure that all employees are adequately protected against falling objects. For example, if a construction manager fails to supply hard hats to employees, and an employee experiences an injury from a falling object, the manager may be liable.
These accidents are also common in factories. Factory owners must have adequate systems to prevent falling objects and protect employees against hazards.
Proving Liability in Falling Objects Cases
The property owner wouldn’t necessarily be liable in every instance where a falling object injures a visitor. Instead, as the victim, you would need to prove the following:
- The property owner had a duty of care to protect you against falling object hazards.
- The property owner was reasonably aware of the risk of an object falling.
- The property owner failed to mitigate that risk.
- You experienced an injury from a falling object.
Proving liability in a falling object injury case can be challenging. However, a qualified attorney can help you gather evidence to support your claim.
Claiming Compensation in a Falling Objects Injury Case
If you have experienced an injury from a falling object, you can claim compensation through the at-fault party’s insurance company. Many people have liability insurance for their homes and businesses to pay for injuries on their premises.
If the insurance company fails to offer adequate compensation or the property owner does not have insurance, you can attempt to seek compensation through a lawsuit. Working with an experienced falling objects injury lawyer is essential to navigating your case smoothly and improving your case outcomes.
At Bryan Garrett Personal Injury Law Firm, we have helped numerous clients across Oklahoma City receive the compensation necessary to move forward from their injuries. Call us today at 405-369-4498, or text us at 405-388-1400, to schedule your free consultation.