The most common scenario of being injured by a moving or falling object is in the work environment, often within a retail, factory, warehouse or construction or building site where objects are dropped or dislodged by individuals working at height, or where objects have been inappropriately stored or where a substandard level of maintenance has caused items to fall from a building.
However, accidents involving falling or moving objects can occur in a variety of situations such as a:
- pedestrian being struck by a falling sign or piece of scaffolding
- pedestrian being hit by something dropped from a window or balcony
- pedestrian being struck by a falling tree or branch
- driver being injured when another vehicle drops its load
- shopper being struck by a falling product due to it being stacked incorrectly
- shopper being injured by a store’s employee moving a trolley full of stock.
If you have suffered an injury because of something moving or falling, your falling or moving object compensation claim will only succeed if you can show that the falling or moving object occurred due to some kind of negligent behaviour.
There are occasions when objects will fall due to severe weather conditions such as gale force winds or hurricane storms. Any damage caused may have resulted as “An Act of God” and not negligence.
If you are injured by a falling tree or branch then you may have a claim against the land owner or occupier. Those responsible for the tree must take reasonable care to avoid accidents. There is no law which demands an owner or occupier of land must ensure absolute safety. It is expected that the land owner/occupier must inspect trees at appropriate intervals. However, failure to assess the risk does not make the owner or occupier liable if a defect could not have been seen. It must be proved that an inspection would have revealed the danger. If the incident is one which could not have been foreseen, it is an accident and a pure accident means no liability and no compensation.
What to do if you have been hit by a moving or falling object?
If you have been injured by a falling or moving object in a shop or supermarket or any other place as a lawful visitor you should, where possible:
- report the accident to a member of staff as soon as possible
- take a photograph of the object that injured you
- ensure a full account of the accident is recorded in the ‘Accident Book’
- ask for a copy of the ‘Accident Book’
- take names and addresses of any witnesses
- if you seek medical treatment ensure that you provide full details as to where the accident happened
If you or a loved one have been injured by a falling or moving object and consider that you may have a moving or falling object compensation claim, please call our team of Personal Injury (PI) lawyers on Freephone 0808 164 0808 for a FREE, no-obligation chat or complete the request a call back form and we will call you.