Could I Claim Compensation After Being Hit By A Falling Object?

If you have been hit or struck by an object falling from a height, you could have suffered serious injuries. This could include a head injury that leads to concussion or even brain damage. If you have been hit by a falling object at work or in a public place, you could be eligible to claim compensation.

In this guide, we look at when and how you could claim compensation for being hit by a falling object. We look at circumstances in which you could make a claim, types of injuries which may be caused by falling objects and how long you have to start a claim.

Furthermore, we will examine the types of evidence that could be used to support your case.  We also dsicuss how your compensation may be valued. Finally, we look at how one of our specialist No Win No Fee solicitors could help you.

If you have been injured by a falling object, please contact us to see if you make a personal injury compensation claim.

• Please call us today on 0800 073 8804
• You can start your claim online here.
• Talk to us using our live chat.

Browse Our Guide

• Can I Claim If I’ve Been Hit By A Falling Object?
• What Are Common Injuries Caused By Falling Object Accidents?
• How Long Do I Have To Claim After Being Hit By A Falling Object?
• How Do I Make A Falling Object Compensation Claim?
• What Falling Object Compensation Could I Receive?
• Can I Make A No Win No Fee Claim For A Falling Object Accident?
• Learn More About How To Make A Personal Injury Claim

Can I Claim If I’ve Been Hit By A Falling Object?

Whether you were in a public place or at work, another party may have had a duty of care to ensure your safety. In the sections below, we will explain when you are owed a duty of care and how an accident may occur if this is breached.

However, to make a personal injury claim you will need to show that:

1. A duty of care was owed to you.
2. This was breached.
3. Your injuries were caused by this breached duty.

Public Place Accidents

Under the Occupiers’ Liability Act 1957, the party in control of a public space must ensure the reasonable safety of those visiting that space by implementing health and safety measures.

If you have been hit by a falling object in a public space, you may be able to make a public liability claim against the occupier of the space if you can prove that they breached their duty of care and this caused your injury. Some examples could include:

• Public park accidents. You or a child may have been using playground equipment, such as a swing set, when the frame collapsed, and you were struck on the head, neck or back by parts of the frame falling on you.
• You could be injured in a shop if signage is not correctly secured or if stock has been stored too high. Either circumstance could cause an object to fall on you and may cause you to suffer a crush injury.

Accidents At Work

Whilst you are at work, your employer should take reasonable steps to ensure that you are safe. For example, they should carry out risk assessments and issue appropriate personal protective equipment. This is your employer’s duty of care, as set out by The Health and Safety at Work etc. Act 1974.

If you have been hit by a falling object while in the workplace, you may be able to make an accident at work claim against your employer if you can prove that they breached their duty of care and this caused your injury. Some examples could include:

• Racking and shelving accidents. Many workplaces, such as shops, warehouses and others may use shelving and racking to store objects. Racking and shelving must be correctly designed and maintained and should be suitable for the objects being stored. Shelving and racking accidents may be caused by items being stored too high and falling on to workers. This could result in a variety of different injuries.
• If an overhead production line at your factory job has not been regularly maintained, this could result in it malfunctioning and an object running along this production line falling from a height and onto you. This could result in a concussion or other type of head injury.

If you have been injured at work or in a public place, please contact our team today to find out if you are eligible to make a personal injury claim.

What Are Common Injuries Caused By Falling Object Accidents?

There are various injuries that could be suffered due to being hit by a falling object. Some examples could include:

• A traumatic or serious brain injury, or a concussion.
• Lacerations or penetrating wounds to other parts of the body if the object was sharp.
• Broken or fractured bones caused by objects striking or falling on you.
• A facial injury, such as a broken or fractured bone, lacerations and other wounds.

In addition to this, you may also suffer psychological injuries such as post-traumatic stress disorder. If you were hit by a falling object due to someone else’s negligent actions, you may be able to claim compensation. For more information on falling object injury claims, and to find out what injuries you could claim for, please contact our team.

How Long Do I Have To Claim After Being Hit By A Falling Object?

No matter whether you were injured in an accident in a shop or struck by a falling object at work, there is a time limit in which you must begin your claim. In most instances, you must begin the claims process within three years of the accident taking place. The time limit is set out in The Limitation Act 1980.

There are exceptions to this limitation period, which include,

• Where the person harmed by a falling object lacks the mental capacity to make a claim on their own behalf. The three-year time limit will only be applicable if the person does regain their mental capacity and starts from this recovery date.
• Where the person harmed was under the age of eighteen. In this case, the three-year time limit will run from their eighteenth to their twenty-first birthday.

In both cases, a litigation friend may be appointed to act on behalf of the injured party and make a claim for them when they cannot make their own.

Contact our advisors today to see if you still have enough time to begin a personal injury claim after being hit by a falling object.

How Do I Make A Falling Object Compensation Claim?

If you have been hit by a falling object, there are steps you could take in order to claim compensation for being struck by a falling object.

The first step that you should take is to ensure that you get appropriate treatment for any injuries you have suffered. While your health is the top priority, visiting a medical professional will also create medical records of your injury and treatment, which may be used as evidence in your claim.

Additional forms of evidence you could gather include:

• Any photographs or videoes (such as CCTV footage) which show the accident taking place.
• The contact details of anyone who saw the accident take place.
• Copies of the accident report log. Any incident at work or in a public place should be reported to the relevant party.
• Records of how the incident has financially impacted you, such as copies of bank statements, receipts or invoices. These may be used to help you claim for financial costs as part of your falling object compensation settlement.

If you need help collecting evidence to support your falling object injury claim, one of our expert solicitors may be able to assist you. Please contact a member of our team to see if you could be eligible to work with one of them.

What Falling Object Compensation Could I Receive?

If you have been hit by a falling object, you could be awarded compensation for the pain and suffering caused by your injuries and for your financial losses if you make a successful personal injury claim,. What compensation you may be awarded depends on how severe your injury was, what injury you suffered, and the overall financial impact on you.

However, your final settlement could consist of two heads of loss:

• General damages for your pain and suffering, both physical and psychological. This is always awarded in successful claims.
• Special damages for the financial losses your injuries have caused you.

Below we have listed some of the compensation guidelines from the Judicial College Guidelines (JCG). This is a document often used by those valuing claims for general damages as it assigns guideline compensation brackets for different injuries.

Please note that the first entry has not been taken from the JCG.

Examples Of Falling Object Injury Claim Payouts

Special damages are not always awarded, which is why it is essential you can provide evidence of the costs you wish to claim for.

Examples of these costs could include:

• Any loss of earnings.
• Medical costs such as for medication and rehabilitation.
• Support and care costs.
• The cost of travelling to and from essential appointments.

If you were hit by a falling object and would like a free valuation of the potential compensation you could receive, you can contact our advisors.

Can I Make A No Win No Fee Claim For A Falling Object Accident?

If you are eligible to make a personal injury claim after being hit by a falling object, one of our No Win No Fee solicitors could help you with claiming compensation. A No Win No Fee solicitor of ours could handle your claim under a Conditional Fee Agreement.

This is a type of contract between a solicitor and a claimant. It allows a solicitor to provide their services without requiring upfront or ongoing payments for their services. There is also nothing to pay for their work if the claim does not succeed.

Alternatively, a success fee will be due to them if it does. This is a legally limited percentage taken from your compensation.

To see if one of our specialist solicitors could help you with your case, contact a member of our advisory teamL

• Contact our team by phone on 0800 073 8804
• Begin your claim online here.
• Use our live chat to make a claim.

Learn More About How To Make A Personal Injury Claim

Further personal injury guides:

• Learn when you need to see a doctor when claiming for a personal injury and how a solicitor could help organise a medical assessment.
• Find out how to make back injury claims in this guide, such as those caused by falling objects.
• Here, we look at neck injury claims and how much compensation you could potentially claim.

Further references:

• If you have suffered a head injury or a concussion you can learn more about these injuries in this NHS guide.
• In this guide from the Health and Safety Executive (HSE) you can learn about warehousing and storage
• Get guidance on Statutory Sick Pay in this government guide.

We hope that our guide on how to claim for being hit by a falling object has helped you. For more information on falling object compensation claims, please contact a member of our team.