Falling Object Personal Injury Attorneys Mercer and Middlesex County NJ
You are walking down the aisle of your favorite big box store when suddenly, a can of baby formula falls off of the top shelf, causing an injury. With the creation of more warehouse stores, these instances are on the rise. Boxes are placed up to a full story above shoppers, precariously stacked on top of one another. Also, forklifts are frequently used to move inventory and are sometimes mishandled or used to pick up loads that are awkwardly placed or too heavy.
In every busy metropolis, there are several construction sites. According to the Bureau of Labor Statistics, 10% of all construction accidents are caused by falling objects. Construction workers and pedestrians can often fall victim to these accidents by simply being in the wrong place at the wrong time and because the proper safety measures are not followed.
What Kinds of Injuries can a Falling Object Cause?
The injuries that occur when a falling object range strikes a person from relatively minor injuries up to the loss of life. The financial damages you are entitled to recover are in proportion to the scope of the harm that you have suffered.
- Broken bone
- Contusions (bruised bones)
- Deep cuts
- Fractured skull
- Spinal Injuries
- Sprained neck
- Other broken bones such as feet or collar bone
What Are The Factors That Make a Falling Object a Greater Risk?
On the Construction Site
The weight and shape of the object, along with the height at which it was dropped all account for the severity of a potential injury. In general, the heavier and more aerodynamic an object is and the higher up from which it falls the more damage it is likely to do.
Accordingly, the heavier the object, the faster it will fall. Objects such as iron bars, concrete slabs, sledgehammers, handheld, and large machinery can cause significant injuries to someone when only falling a short distance.
Small and dense objects such as a hammer can also cause serious injury when dropped from shorter distances. The human body can be susceptible to these types of impacts, and the result of a falling object can be severe or even fatal.
Furthermore, an object’s shape is an important factor to consider when discussing falling objects’ dangers. Generally speaking, a sleeker, thinner object has more potential to injure someone rather than one that is flat or has many edges.
For example, a wrench falling from six feet above onto a worker wearing a hard hat could result in an injury, but the damage would most likely be minimal. In comparison, an object that is aerodynamic and of the same weight has the potential of causing a more serious injury, even if it was dropped from the same distance.
Lastly, height is also an important factor to consider when analyzing the dangers of an object’s impact. In New Jersey, a man was killed recently by a one-pound tape measure when it fell 50 stories, bounced off a piece of metal, and struck the victim.
No matter the shape or size, if an object falls from high enough, it has the potential to cause serious damage. Some commonly dropped objects at construction sites are tape measures, wrenches, pliers, nuts, bolts, and screws – all of which can be fatal when dropped from high above.
At the Warehouse Stores
Big stores earn their profits by keeping their costs low, which can sometimes mean inadequate staff training and unsafe inventory storage.
Falling object injuries 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 is not fulfilled, the store has been negligent.
To win a case for premises liability, it must be proven that the store violated its duty of care to guarantee the reasonable safety of that location, and any failure in meeting that duty was a direct cause of your injury.
If you can prove those things, you would have a case of negligence against the store, who would therefore be liable for your injuries and any pain and suffering which may have been experienced as a result.
How can I Obtain Needed Evidence?
Technology is your greatest asset after being harmed by a falling object in a big box store. The burden of proof is on the plaintiff in a personal injury lawsuit. You need to be able to prove that you were injured, that the store caused those injuries, and the extent of the injuries.
Calling an ambulance and getting immediate medical attention initiates a medical record that proves that you were injured. Taking pictures of what fell and where it fell from help you prove that the store caused your injury. If there were witnesses, you should also try to get their contact information before leaving for medical attention.
If the incident occurred in a store, chances are they will have recorded footage from the security cameras, which our attorneys can request for review.
How Do I Pursue Legal Action?
The first thing you should do is seek medical attention. Establishing a solid case for injury means having the medical diagnosis deemed the result of your accident. At Kamensky Cohen & Riechelson, we understand how to build the strongest possible cases for people who have been injured by falling objects at businesses or construction sites. We provide personalized attention rather than making each client go through a maze of paralegals and administrative assistants to talk to their attorney. We take most of our cases on contingency, which means if we don’t win, you don’t pay.