Recovering Damages From a Falling Object Accident in Piedmont, OK
Gravity and momentum combine to make falling objects unusually dangerous. A relatively small object falling from a significant height can cause severe trauma. These claims operate under specific legal doctrines. An attorney familiar with these specialized claims knows how to navigate the unique legal and physical issues these cases involve.
The Physics That Make These Cases Devastating
Kinetic Energy Scales With Height
Energy at impact rises substantially with fall height.
That’s the reason, a small object falling from a tall building deliver force comparable to a much heavier object.
Velocity Reaches Terminal Quickly
Falling velocity builds fast. Heights of just a few stories produce devastating impact.
Where the Object Strikes Matters Enormously
Where the falling object strikes affects injury severity. A falling object striking the head can create severe injury or fatality.
Where Falling Object Accidents Happen
Construction Sites
Building and construction sites produce the majority of falling object injury cases.
Construction site falling object incidents include:
- Tool drops
- Material drops from scaffolds
- Loads being lifted by cranes or hoists
- Bricks, blocks, and other building materials
- Pipes, conduit, and structural components
- Demolition debris
- Roof-area materials
Industrial and Warehouse Settings
Warehouse and industrial settings involve recurring falling object incidents.
Industrial falling object incidents include:
- Items falling from elevated storage
- Pallet failures
- Tools falling from elevated work areas
- Forklift-related falling object accidents
- Crane-lifted materials
- Machine component drops
Retail Stores
Stores create distinctive falling object scenarios.
Common scenarios include:
- Display shelf collapses
- Display-related drops
- Christmas tree displays
- Acoustic ceiling failures
- Suspended fixture drops
Public Buildings and Structures
Public infrastructure can be sources of falling object accidents.
These cases involve:
- Building exterior failures
- Public building ceiling drops
- Signage drops
- Falling tree limbs
- Falling ice from buildings
- Garage debris
Residential Settings
Falling objects in residential settings include items from high shelves, ceiling failures, falling tree limbs, and elevated deck failures.
Legal Frameworks for Falling Object Cases
Premises Liability
For falling objects in retail, public buildings, or residential settings, premises liability applies.
The plaintiff must establish:
- Duty existed
- The notice element
- Breach
- Causation
Construction Site Liability
Construction site falling object incidents, various legal theories can apply.
OSHA Violations
Federal workplace safety regulations imposes specific requirements. Federal regulation violations provide direct evidence of negligence.
Workers’ Compensation Plus Third-Party Claims
On-the-job falling object incidents typically have workers’ compensation as the primary recovery. But third-party claims against parties other than the employer frequently produce significant additional recovery.
Specific Safety Rules
Construction safety rules requiring fall protection, overhead protection (such as netting and toeboards), and warning systems establish standards of care.
Strict Liability for Inherently Dangerous Activities
In some scenarios, strict liability theories may apply.
Product Liability
Product-related falling object cases, strict liability for product defects may apply.
Negligence Per Se From Code Violations
Code violations strengthen the case significantly.
Common Injuries From Falling Objects
Head Injuries
Falling object head injuries frequently result in significant brain injuries. Apparently minor head impacts require careful medical evaluation.
Spinal Cord Injuries
Falling object spine impacts can cause spinal cord injuries.
Fractures
Fractures throughout the body are common.
Soft Tissue Injuries
Tissue damage are typical.
Death
These accidents cause fatal outcomes.
Who Can Be Held Liable?
Property Owners
Property owners carry foundational liability.
Construction Contractors
General contractors and subcontractors carry primary responsibility for construction sites.
Employers
Workplace falling object accidents, the workers’ compensation system governs. Third-party claims against non-employers can supplement workers’ compensation.
Construction Equipment Operators
Crane operators, scaffolding operators, forklift operators carry exposure for their conduct.
Material Suppliers
Component suppliers have their own liability exposure.
Maintenance Companies
Companies responsible for building maintenance can face liability for failed maintenance.
Equipment Manufacturers
Equipment makers face product liability claims.
Other Trades and Contractors
Adjacent trades can face liability for site-level conduct.
Government Entities
For falling objects on public property may implicate government entities.
Critical Evidence in Falling Object Cases
Site Conditions
Comprehensive site documentation. Detailed scene documentation matter significantly.
The Object Itself
The specific falling object should be examined by experts. The fallen item may need to be preserved.
Equipment Used
Material handling equipment requires inspection.
Maintenance Records
Scaffolding inspection records reveal compliance or violations.
OSHA Records and Inspection History
Federal safety records document the company’s safety culture.
Training Records
Worker training documentation can reveal training deficiencies.
Project Records
Construction project records, plans, schedules expose project-level negligence.
Witness Statements
Other workers, supervisors, contractors, bystanders may make or break the case.
Expert Testimony
Specialized expertise drive the technical case.
Common Insurance Defenses
“The Plaintiff Wasn’t Wearing Required Safety Equipment”
Employment cases, “You weren’t wearing your hard hat”. Even where this is true, liability isn’t necessarily eliminated.
“The Falling Object Was Unforeseeable”
Defense argues the incident was unpredictable. Falling object hazards in construction and similar settings are foreseeable.
“Comparative Fault”
Defense pushes shared-fault arguments. How OK handles shared fault may reduce — but typically won’t eliminate — recovery.
“OSHA Compliance”
Compliance with safety regulations. Compliance with minimums isn’t necessarily enough.
“Workers’ Compensation Bars Recovery”
For workplace cases, defense argues workers’ compensation exclusively bars recovery against the employer. Workers’ compensation typically bars employer claims, but third-party claims remain available.
Critical Steps After a Falling Object Accident
Get Immediate Medical Attention
Quick medical attention protects the claim.
Report the Incident
Make sure documentation is created. Employment cases, ensure proper workers’ compensation reporting.
Photograph Everything
Comprehensive documentation.
Identify Witnesses
Bystanders may be critical witnesses.
Preserve Physical Evidence
Physical evidence requires preservation.
Document Site Conditions
Photos showing site conditions, safety equipment in use, warnings posted, and the work environment.
Don’t Sign Anything Without Counsel
Releases, statements, or settlement offers require careful review.
File OSHA Complaints if Applicable
Employment incidents, Federal workplace safety reports can be filed.
Damages Available
Compensation in these cases include:
- Comprehensive medical care
- Past and future income loss
- Reduced ability to work
- Loss of enjoyment of life
- Long-term cosmetic damages
- Mental health treatment
- Loss of consortium
- Wrongful death and survivor damages
- Enhanced damages where safety violations were egregious
Special Considerations for Workplace Cases
Workers’ Compensation Is Just the Starting Point
Workers’ compensation matters. Workers’ comp doesn’t cover everything.
Liability claims against parties other than the employer often dwarf workers’ comp benefits.
The Exclusive Remedy Rule
Workers’ comp exclusivity but preserves third-party claims.
Subrogation Issues
Insurance subrogation rights must be navigated carefully.
Attorney Costs
Construction-related injury lawyers work on contingency. Expert costs run high paid by counsel.
Move Quickly
Falling object cases involve evidence with time-sensitive preservation requirements. Physical evidence changes rapidly. Machinery moves on. Maintenance records, training records, and project documents can be lost over time. Filing deadlines continues running. Getting an attorney involved promptly locks down the evidence.