Summary: Falling object injuries can happen in stores, public places, or workplaces. In many cases, this is caused by preventable negligence. Victims may be entitled to compensation through personal injury claims, workers’ compensation, or both, depending on the circumstances.
Falling objects are a serious and often overlooked cause of injury in the United States. According to the Centers for Disease Control, in 2019, struck-by incidents by a falling object accounted for 27% of the struck-by fatalities in the year. At our firm, we’ve handled dozens of falling object cases. In August 2024, I wrote about falling object injuries and what you need to know.
I’d like to add to that topic with a few more pointers. We all understand that these accidents can lead to severe injuries, whether at a retail store or a construction sites, but here’s an important question: Who is legally responsible?
Can You Sue If Something Falls on You in a Store or Public Place?
Yes. In many cases, you can file a personal injury claim if you are hurt by a falling object in a store, restaurant, or other public place.
These cases typically fall under premises liability law, which requires property owners and businesses to maintain safe conditions for visitors.
To recover compensation, you must prove the traditional elements of a personal injury case:
- The property owner (defendant) owed you a duty of care
- That duty was breached (unsafe conditions existed)
- The breach caused your injury
For example, if a store stacks merchandise unsafely or fails to secure overhead items, they may be held liable if something falls and causes harm.
You would also need to be sure you could collect a money judgment from the defendant or its insurance company. If they don’t have any money, you don’t get paid.
How Do Lawyers Prove Fault in Falling Object Injury Cases?
Proving fault often comes down to showing notice.
This means demonstrating that the business or property owner:
- Knew, or
- Should have known
that a dangerous condition existed (such as unstable shelving or improperly secured items). If you can do this, then your case will strengthen significantly.
Even without notice, you can still use a legal theory called res ipsa loquitur (“the thing speaks for itself”) to prove your case. This theory may apply when:
- The only explanation for an incident is someone’s negligence
- The defendant had control over the object
This is usually the situation in falling object cases because objects don’t typically just fall on someone unless the defendant was negligent.
What If You Get Injured at Work? (OSHA “Struck-By” Injuries)
If you’re injured on the job by a falling object, it may be classified as an OSHA “struck-by” injury.
Under Occupational Safety and Health Administration standards, struck-by incidents include injuries caused by:
- Falling tools or materials
- Flying or swinging objects
- Rolling equipment
Most workplace falling object injuries are covered by workers’ compensation, which provides benefits regardless of fault.
In some cases, however, you can also bring a personal injury claim, like when the worksite where the object fell was controlled by someone other that your employer.
This distinction can significantly impact the total compensation available.
What to Do If You or a Loved One Is Hit by a Falling Object
If you’re injured by a falling object, taking the right steps early can protect your health, and your legal claim:
- Seek medical attention immediately
- Report the incident (to store management, property owner, or employer)
- Document the scene (photos, videos, witness names)
- Preserve evidence (clothing, incident reports, receipts)
- Contact a personal injury attorney to evaluate your case
Early action can make a major difference in proving fault and maximizing compensation.
Key Takeaways
- You can often sue if a falling object injures you in a store or public place
- Proving fault typically involves showing notice or using legal doctrines like res ipsa loquitur
- Workplace injuries may qualify as OSHA “struck-by” incidents and involve workers’ compensation
- Third-party claims may increase compensation in work-related cases
- Acting quickly after an injury helps protect both your health and your legal rights
Speak With an Experienced Personal Injury Attorney
Falling object injuries often seem like “freak accidents,” but they are frequently preventable. When businesses, property owners, or contractors fail to follow safety standards, they can and should be held accountable. If you or a loved one has been injured by a falling object, the attorneys at Meyerkord, Russell & Hergott are ready to help.
We don’t just scratch the surface. We dig deeper to uncover what went wrong, identify who is responsible, and pursue the maximum compensation available for your injuries.
From investigating unsafe conditions to building a strong, trial-ready case, our team handles every step so you can focus on recovery.
Contact MRH Law today to discuss your case.