Being hit by a falling object is more something you see on a traditional English slapstick comedy – but it does happen in the real world. There is a duty in certain circumstances which means you may have a claim for personal injury compensation if you are unfortunate enough to be hit by a falling object.
When you’re out and about and a fixture or fitting from a building falls on you, there is a duty on whoever owns or is responsible for that building to compensate you if there is blame on their part. Acts of God as they are often referred to in injury law, like the one that took my chimney off in the earthquakes a few years ago in Hull that got me my 15 minutes of fame as I was interviewed by the BBC about the whole saga, are not so easy to claim for. That, or perhaps a lightning bolt or a tornado or something similar that causes something to fall and hit you is not necessarily the fault of the person who owns or is responsible for the building. There’s not a great deal anyone can really do to control the weather! By the way, in case you were wondering, I wasn’t hit by the chimney – hence why I’m alive today writing this blog!
However, if a building is in a poor state of repair, or someone has failed to fix something properly, then there is a duty, and there is the chance to make a successful claim. If something that looks precarious has been reported to whoever is responsible and they fail to act on this, then there is also a potential claim.
A common set of circumstances is being hit by a falling item in a shop, or a restaurant – like some products or a radiator falling away from the wall, or similar. CCTV is often crucial to determine the reason as to why something has fallen. If you can prove indefinitely that an employee of the Defendant has negligently stacked something in a dangerous way, on a shelf or perhaps some boxes stacked up on an aisle, then the company is responsible if something happens. But this can be difficult to prove – how do you know that some shopper hasn’t just put something back incorrectly and caused it to ultimately fall?
At work, there is a clear duty on your employer to look after you at work and make sure you are not injured or harmed in the line of duty. UK law places a heavy burden on employers, and there are a lot of rules and regulations employers must abide by in the workplace; many of which are what we call “strict liabilities” which means an employer (normally via their insurance) has no choice but to pay you out; even if the accident isn’t technically their fault! The insurance is there to claim from.
Classic examples are colleagues causing something to fall on you. This can fall within the realms of vicarious liability, meaning that the negligence of a colleague has to fall on the employer to compensate you. Another is work equipment – if something falls off of a piece of equipment, we can argue it as defective work equipment and pose a strict duty on your employers insurance to compensate you.
As you might have guessed, accidents involving falling objects can be varied when it comes to having a strong claim or a potentially difficult one. The best thing you can do is call us on our free claims helpline and let us advise you as to whether you have a valid claim for personal injury compensation.
The number to call is 0800 634 75 75.
