Go to any home improvement store and you’ll see why falling objects can be a danger. Since heavy objects are often stacked on tall shelves that are two or three stories high, a poorly secured object can fall and cause of a serious accident. Further, with forklifts carrying heavy loads, a careless operator can lose control and send those heavy weights crashing down.
In conditions like these, safety concerns should paramount, but accidents happen and some of those accidents are clearly preventable. Preventable accidents happen because stores do not take proper care when deciding how to stack mechantise or when stores fail to properly inspect merchandise storage conditions. Of course, if a heavy weight falls on a person, the injuries can be traumatic and severe. People are often permanently immobilized in these kinds of accidents, and that’s why these stores must be held liable for preventable accidents.
If you or a loved one has been injured by a falling object in a store, you should make sure you first get proper medical care. After that, it’s important that you get in touch with The Stoddard Firm. We have years of experience dealing with these cases, and we’ll fight to make sure you get what you deserve. Contact us today for a free consultation.
Falling Object Injuries Can Happen in Many Different Locations
When stores have a warehouse setup, falling object injuries are more likely. This means stores like Home Depot and Lowe’s are typical settings for falling object injuries. Warehouse stores like Sam’s Club and IKEA also have conditions that make falling object injuries a serious risk.
With tall shelves stacked sometimes several stories high, these stores have a serious potential for falling object injuries if a person is in the wrong place at the wrong time. Heavy boxes and other items may be improperly secured, creating a situation where they are likely to fall and do someone serious harm.
Forklifts and forklift operators can also create dangerous situations. A forklift operator may take on an excessive load, causing heavy crates or other objects to fall while being lifted. Any individuals in the area face serious danger of being hurt or crushed by the falling weight.
Falling Objects can Lead to Serious Injury or Death
Falling object injuries are relatively rare, but when they occur they are usually extremely serious. We’re not talking about a cereal box falling on somebody’s head — we’re talking about heavy packing crates that have the potential to crush someone to death. These are very grave injuries.
Some of the most common types of injuries people suffer from falling object injuries include traumatic brain injuries, crushed/broken limbs, and injuries to the neck, back, and spinal cord. Many of these injuries have the potential to cause permanent partial or complete paralysis. These injuries can change people’s lives forever.
Such injuries can lead to serious long-term damage and can cause immense pain and suffering. An individual who is hit by a falling object is likely to lose the ability to work for at least some period of time, perhaps permanently. Medical costs will be significant and earning potential will go down. These are difficult times.
Premises Liability and Falling Object Injuries
Falling object injuries received in stores fall under premises liability law. Premises liability concerns cases where an individual is injured or otherwise harmed on another person’s property. The store’s owner has a duty to ensure that the store is reasonably safe for customers, and if that duty has not been fulfilled the store has been negligent.
In order to win a case for premises liability, you must be able to prove that the store violated its duty of care to make sure that the location was reasonably safe, and that the failure in meeting that duty caused the injuries you or your loved one received.
If you can prove all of those things, you can prove that the store was negligent and is therefore liable for your injuries and any pain and suffering you may have experienced as a result.
What To Do If You’ve Been Injured
If you or a loved one has been the victim of a falling object accident in a store due to someone else’s neglect or negligence, you should first seek medical attention. You should also make sure you contact authorities. The Stoddard Firm has years of experience handling injuries, and we even offer a free initial consultation to discuss your case. Call us or contact us online today.
FREQUENTLY ASKED QUESTIONS
Do I have to go to court?
Not necessarily. Many wrongful death and personal injury cases are settled before they go to court. However, it is our experience that the most successful cases are built as if they are going to court. Our firm prepares every case to go all the way to trial, even if it is ultimately resolved before the trial starts.
Why is an attorney important in a personal injury case?
Personal injury law can be complex, and filing a successful claim can require a great deal of time, effort and experience. A lawsuit often involves several other parties, including defendants, insurance companies and other attorneys. There are also many procedural rules that must be followed. Having experienced, skilled legal representation maximizes your chances of success.
How do I pick the right attorney?
You’ll want to look for several qualities when choosing who will represent you. Your attorney should meet with you instead of sending an investigator, and he/she should be available throughout the process instead of having you consistently talk to a legal assistant. Your attorney should have a low number of cases so he/she can devote significant time to you and your case. Your attorney should have experience handling cases with facts similar to yours, and your attorney should have a proven track record with similar claims. Your attorney should also be able to devote significant money to your case so that he/she can hire experts, travel the country finding witnesses, and depose whomever is necessary to achieve justice. It’s also important to make sure your attorney is the right fit on a personal level, which is why you should take advantage of a free consultation.
How much time do I have to file a lawsuit?
There is a time limit on how long a person has after an injury to begin a lawsuit. This window is called a statute of limitations. For most personal injury cases in Georgia, the statute of limitations is two years from the time the injury was suffered. However, there are exceptions and subtleties that might change the amount of time you are afforded. Sometimes the period can be as short as 6 months, and other times it can be much longer than two years. Determining the statute of limitations requires a detailed analysis of the facts of your case.
What do I need to bring with me to the consultation?
For your free consultation, bring all relevant documents that you’ve collected regarding your case. If there are police reports, bills or correspondence from insurance companies, you’ll want to bring those items to the consultation so an attorney can learn as much about your case as possible.