Falling Object Accident Claims

Objects falling from heights usually cause injury to the head, spinal cord, back, neck and face. But other body parts, such as the feet, can also be seriously injured. Such accidents can be due to poor storage, lack of safety precautions, and many other types of negligence.

If you have suffered injuries caused by falling objects at work, a shop or in another setting, injury lawyers can help you claim compensation. At InjuryClaims.co.uk, we partner with specialist solicitors with years of experience handling all types of personal injury claims. They provide a 100% no win no fee* service, which enables you to start your claim without any upfront costs or financial risk.

To get in touch with an experienced solicitor or to find out more information about making a claim for compensation, enter your details into our contact form to request a call back or call now on 0800 470 0474 for a free case assessment.

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Table of Contents

• Am I eligible to make a falling object injury claim?
• What evidence do I need to make a compensation claim?
• Can I claim if I was hit by a falling object at work?
• Other types of falling object accident claims
• Common causes of objects falling
• What injuries could falling objects cause?
• Time limits to make a falling object accident claim
• How much compensation could I get for a falling object injury?
• Could I make a claim on a No Win No Fee basis?

Am I eligible to make a falling object injury claim?

If you were injured by a falling object in the workplace or a public place, you might be entitled to make a claim. A personal injury solicitor will assess whether your case is valid by answering the following questions:

• Did another party owe you a duty of care?
• Did they breach their duty by acting negligently?
• Did their negligence cause the accident to occur?
• Did you suffer a falling object injury as a result?

Your solicitor will use the relevant UK legislation to prove a breach of duty, such as the Health and Safety at Work Act 1974 or the Occupiers’ Liability Act 1957. If liability can be established, they will help you gather all the evidence you need to support your claim. You can read more about the type of proof you could use in the section below.

You are still entitled to make a claim even if you were partially responsible for your injuries from the falling object. If the extent to which you were at fault is under 50%, you will receive a reduced compensation award. That is to reflect your degree of responsibility and contributory negligence. For example, if you suffered a head injury on a building site due to a lack of safety nets, but you were also not wearing your helmet, your payout could be reduced.

What evidence do I need to make a compensation claim?

To make a successful claim for personal injury, you need relevant evidence to show how the accident happened, the injuries you sustained and how it has affected your life. Some of the proof that could help you to claim compensation include:

• Photographs or a video of the fallen object, the accident scene and any visible injuries
• Your medical notes and diagnostic tests from the hospital that treated your injuries
• A report from an independent specialist about the full extent of your injuries and their long-term effects
• A copy of an accident report that you should file with your employer if you had an accident at work or another relevant party if you were injured in a public place
• Statements from any witnesses who saw the accident happen
• CCTV footage, if there were security cameras in the area where the incident took place
• Maintenance and inspection records, if the accident was due to a structural failure or equipment malfunction
• Any correspondence, such as letters and emails, related to the accident or the conditions leading to it
• Your notes documenting your pain, suffering and any emotional distress caused by the accident

Once you have everything needed to start your claim, your solicitor will contact the defendant and inform them of your intentions. They will either deny or accept liability for the fact you suffered an injury. If they admit fault, you can begin to negotiate your settlement. If they deny it, you may have to argue your case in court, but this happens in less than 5% of all claims.

Can I claim if I was hit by a falling object at work?

Have you suffered a personal injury at work caused by a falling object? If you have, you could be legally entitled to make a no win no fee compensation claim against your employer.

Injuries caused by falling objects account for a large number of work accidents. These types of accidents can occur when products or materials are not adequately stored on shelves, items or debris fall from moving vehicles and many other situations.

All employers have a duty of care to provide workers with a safe working environment and minimise potential hazards. When a worker suffers a falling object injury, it may be due to the employer failing to meet their health and safety obligations.

There are certain occupations and places where workers are at a greater risk of sustaining injuries caused by falling objects. These places include warehouses, factories and construction sites. However, there are many other work environments where such accidents can occur.

No matter which industry you work in, your employer is responsible for protecting you from potential risks while at work. They must ensure that risk assessments are carried out, and preventative measures are in place to protect you from injuries and accidents. If your employer was aware of a potential risk and his negligence caused your injuries, you may be able to pursue a claim against them and seek compensation for the damages caused.

Once liability on the part of the employer has been established, your solicitors will help you to gather evidence to support your work accident claim and calculate the amount of compensation you should be entitled to.

When assessing compensation, several factors are taken into consideration. These include the severity of the injury, its effect on your life and whether you will have any long-lasting issues. Compensation will also consider any financial losses you have incurred, such as lost wages from taking time off work, prescription costs, and travel costs to medical appointments.

Other types of falling object accident claims

Falling object accidents do not happen only at work. They could also affect members of the public and take place on premises such as:

• Public place accidents. Public areas near construction sites are at risk for falling debris, tools, or equipment. Poorly maintained buildings and premises where the ceiling panels could be damaged, or roof tiles could fall and hit a person walking below also pose a threat.
• Shop accidents. Shopping centres often have decorative elements or fixtures that may become dislodged and fall, posing a threat to shoppers. Items stacked on high shelves and signs may also fall in supermarkets and other shops, causing injuries to customers.
• Restaurants and cafes. Overhead shelving, lighting fixtures, or decorative items can fall in dining areas.
• Council accidents. If you were hit by a falling tree, branch or street furniture, you could claim compensation from your local council.
• Public transport accidents. If you were struck by falling objects or luggage from an overhead compartment on a train, bus or aeroplane, you may have a claim for compensation.

This list is not exhaustive, and other accidents could lead to a valid falling object injury claim. To find out if you are entitled to compensation, call 0800 470 0474 for a free consultation with a legal adviser.

Common causes of objects falling

Objects can fall for various reasons, causing accidents and injuries for which you might be entitled to claim compensation:

• Improper storage. Poorly stacked or stored items can easily fall over, especially if not secured.
• Overloading of shelves or racks. Shelves and storage racks that hold more weight than they are designed for can collapse, causing objects to fall.
• Inadequate fixtures. Objects mounted or attached improperly to walls, ceilings, or other structures may detach and fall.
• Equipment malfunction. Machinery or equipment failure can lead to objects falling, especially in industrial settings.
• Lack of safety precautions. Failure to use safety measures like guardrails, netting, or safety nets can result in objects falling from heights, such as scaffolding on construction sites.
• Human error. Accidental bumps, slips, or trips can cause objects to fall if they are not adequately secured.
• Weather conditions. High winds, storms, or other adverse weather conditions can dislodge or blow objects off ledges, roofs, or other elevated areas.
• Structural failures. Building or structural failures, such as a ceiling collapse or wall breach, can cause objects to fall.
• Negligence. Failure to maintain or inspect structures, equipment, or storage areas can lead to accidents involving falling objects.

Regardless of the type of accident that caused your injuries, you could make a falling object compensation claim if another party was at fault.

What injuries could falling objects cause?

Falling objects can cause a wide range of injuries, including:

• Head injuries. Falling objects can strike your head, leading to injuries such as concussions, fractures, lacerations, and traumatic brain injuries (TBI).
• Facial injuries. Impact on the face can result in fractures, cuts, bruises, or damage to the eyes, nose, and mouth.
• Neck and spine injuries. Heavy objects can cause damage to the neck and spine, potentially leading to fractures, herniated discs, or spinal cord injuries. Such injuries can lead to paralysis and loss of mobility and feeling.
• Limb injuries. Falling objects may strike the feet, arms, legs, or hands, causing broken bones, cuts, or other types of trauma.
• Soft tissue injuries. Objects falling with force can lead to contusions, strains, or sprains. These can range from minor to severe damage that may need medical intervention and prolonged recovery.
• Crushing injuries. In some cases, people can be trapped or pinned by falling objects, resulting in crush injuries.
• Internal injuries. The impact of a falling object can also lead to internal injuries, such as organ damage or internal bleeding. These injuries may not be immediately apparent and can be life-threatening.

These are just some examples of injuries from a falling object for which you may be able to claim compensation. The specific injuries can vary depending on the size and weight of the falling object, the distance it falls from, and the part of the body it impacts. Your award will depend on the type and severity of the injury and its long-term effects on your life.

Time limits to make a falling object accident claim

There are strict time limits for making a falling object accident claim. Under the Limitation Act 1980, you have three years to start legal proceedings after the date of the accident. Alternatively, the three years may begin when you became aware you suffered injuries from a falling object (date of knowledge).

Although three years may seem like a long time, you should not postpone contacting a personal injury claims solicitor. That will help you and any witnesses remember essential details about the events and make it easier to gather evidence.

There are a few exceptions to the three-year claim limitation date:

• If the injured party is a child, the time starts to run on their 18th birthday. A parent or legal guardian could claim for them before that point.
• The time limit is put on hold if the claimant has suffered a brain injury or has a condition that affects their mental capacity, such as Down syndrome. A litigation friend could claim on their behalf at any time.
• You could claim on behalf of someone who passed away due to a falling object injury within three years of their death.

How much compensation could I get for a falling object injury?

Each case is unique, and the amount of compensation you could claim if a falling object struck you will depend on your specific situation. Your personal injury solicitor will consider all your losses to ensure you are fully compensated. Each claim covers two types of damages:

• General damages are awarded for the physical injury and the pain and suffering it has caused you. These are subjective losses whose value is based on the guidelines offered by the Judicial College.
• Special damages are awarded for any financial losses and expenses you incurred due to your injury. These losses are calculated based on the evidence you can produce, such as receipts and invoices.

Your falling object injury claim could include the following:

• Physical pain and suffering
• Psychological and emotional trauma
• Loss of consortium or companionship
• Reduced quality of life
• Loss of amenities, such as the ability to pursue a hobby
• Lost wages if your injuries caused you to take time off work
• Loss of earning capacity if you suffered a permanent disability
• Costs of care and help during recovery
• Rehabilitation and physical therapy
• The cost of adapting your house or vehicle to cope with any long-term injuries

You can refer to our online compensation calculator to get an idea of how much you could claim.

Could I make a claim on a No Win No Fee basis?

If you have a valid personal injury claim, the solicitors we work with will gladly provide a no win no fee service. This arrangement gives everyone the chance to claim compensation for a falling object injury without taking any financial risks.

In a no win no fee claim, you do not have to pay any upfront fees to your solicitor. Furthermore, you only pay them a success fee if and after you receive falling object compensation. This fee is legally capped at 25% of your settlement, and you agree to it from the beginning. There are no surprises and no hidden costs.

Your solicitor will also take out After the Event (ATE) insurance on your behalf. This legal expenses insurance will cover all the costs and disbursements incurred during the claims process if your case fails, such as:

• Court and counsel fees
• Medical reports
• Expert witness fees
• The defendant’s solicitor and legal expenses
• Barrister fees if the case goes to court

By making a no win no fee compensation claim, you only pay anything if your case is successful, including your solicitor’s success fee and the ATE premium’s cost.

If you suffered injuries from a falling object and want to start a claim, call 0800 470 0474 today for a free consultation with a legal adviser. You can also use our online claim form to request a call back.