Struck by Falling Object Accidents in San Diego
Were You Seriously Injured By A Falling Object?
Accidents involving falling objects can cause debilitating injuries. While they are most common on construction sites and other workplace settings, they can occur anywhere objects are located overhead.
Whether these accidents involve smaller objects such as a tool or piece of errant debris, or larger objects such as masonry or a heavy box, victims face considerable risks of sustaining serious injuries that come with life-changing repercussions. This includes severe brain injuries, significant medical bills, and / or permanent damage and deficits.
At The McClellan Law Firm, our award-winning attorneys focus our practice on representing seriously injured victims and families who lose loved ones in accidents caused by negligence. If you or someone you love were harmed by someone else’s negligence or while on another’s property, our legal team can help you fight for the compensation you deserve.
To request a free evaluation of your case, contact The McClellan Law Firm today.
Struck-By Hazards: Who’s At Risk?
Construction Workers & Other Employees
Struck-by hazards are most closely associated with workplace accidents, and construction in particular. In fact, OSHA classifies struck-by / falling object accident among its “Fatal Four,” a designation that speaks to the risks victims face for suffering serious and deadly injuries when struck by falling objects.
Workers in construction, industrial settings, and other workplaces may face a number of risks related to falling objects, including incidents which involve:
- Falling debris or building materials (i.e. metal or wood beams, masonry, metal fittings, etc.);
- Falling equipment or tools (i.e. power tools, nail guns, compressors, etc.);
- Swinging materials or loads that have been mechanically lifted;
- Cranes and other heavy machinery;
- Demolition accidents
In order to mitigate risks posed by falling object hazards on worksites, OSHA regulations require employers to adequately train their workforce, and provide workers with proper PPE, including approved hard hats and head protection.
Other parties on construction sites, including contractors and property owners, also have obligations to take reasonable measures that ensure the safety of their premises.
Falling Object Accidents Involving Non-Workers
Though falling object accidents are most common on worksites, anyone can suffer injuries as a result of being struck by an object. For example, these cases may involve:
- Objects, tools, or equipment from nearby construction sites;
- Items or pallets at grocery stores or other retailers;
- Lighting, sound, or set equipment at nightclubs, concert venues, or other event spaces;
- Items from balconies or ledges;
- Bricks or structural materials from multi-story buildings;
Falling Object Injuries
Victims struck by falling objects can suffer a range of injuries, including many that pose the potential for severe and lasting health consequences, or wrongful death. Examples include:
- Traumatic brain injuries / concussion;
- Neck or back injuries;
- Spinal cord injuries, including paralysis;
- Burns or electrocution, if falling objects are hot, on fire, or electrified;
- Crush injuries, including those resulting in amputation
Who’s Liable for Injuries Caused by Falling Objects?
Determining liability for injuries caused by falling objects requires an in-depth, fact-specific investigation. Often, these cases involve the negligence of parties that bear legal responsibility for complying with workplace safety regulations, using reasonable care when performing jobs from heights, and taking reasonable measures to identify and address potential injury-causing hazards on their property.
Failures to meet these obligations can increase risks of accidents, and may expose negligent parties, and / or their employers, to liability. Examples of parties that may be held at fault for falling object accidents include:
- Contractors or subcontractors who fail to secure tools / equipment or follow safety regulations when working from heights.
- A crane company that fails to maintain their equipment, resulting in falling debris;
- Property owners that fail to take reasonable steps in ensuring a safe premises, which can result in falling objects, building collapse, and other related incidents.
If a workplace or construction accident is caused by the negligence of a third-party – that is, an entity other than a worker’s employer – it may be possible for injured workers to pursue civil personal injury lawsuits. These claims allow victims to seek compensation for their damages (i.e. pain and suffering, medical bills, and lost income), but require victims to prove how negligent defendants failed to uphold their legal duties. For non-workers, premises liability actions may hold negligent property owners accountable for failing to protect guests from dangerous conditions that could foreseeably cause harm.
If you or someone you love were harmed in a premises accident or workplace accident due to the negligence of a third-party, you may be entitled to compensation. The McClellan Law Firm is available to review your case to discuss your rights and legal options.
What Compensation Can Victims Recover?
Victims injured by falling objects must prove several essential elements of a personal injury or wrongful death claim, including (1) the existence of a legal duty, (2) breach of duty (3) causation, and (4) damages.
When successful, these claims allow victims to recover financial compensation for the economic and non-economic damages they incurred as a result of an accident, including:
- Medical bills
- Physical pain and suffering
- Lost income
- Lost future income
- Expected future medical needs
- Emotional suffering / mental anguish
Our attorneys work closely with clients and families to determine how injuries impacted their lives, and whether there are likely to be expenses related to their injuries in the future (i.e. future medical procedures, ongoing medical needs, etc.). Our goal in serious injury cases is to seek the maximum compensation possible so our clients do not have to fear the costly burdens they’ll face in the future.
Request a FREE Consultation Today: (619) 215-1488
Whether you or a loved one suffered harm while working on a construction site or while on another’s property, you may have the right to pursue legal action and a financial recovery of your damages.
At The McClellan Law Firm, our nationally recognized trial lawyers have dedicated their careers to providing seriously injured victims and families with experienced, passionate legal representation during their times of need, and have secured more than 133 verdicts and settlements of more than $1 million each. Learn how we can fight for you during a free consultation.
To speak with an attorney from our team about your potential case, call or contact us online.