If you were injured by a falling object from a shelf—for example, in a store, warehouse, or other public place—you may have a personal injury case under California premises liability law. Businesses and property owners have a duty to ensure that items are stored securely and do not pose a hazard to customers or visitors. When this duty is breached, and someone is injured as a result, the injured party may be entitled to compensation.
Here’s a breakdown of what you need to know about falling object injury claims in California:
📦 Common Scenarios Involving Falling Objects
Falling object accidents can happen in a variety of settings, such as:
- Retail stores (e.g., boxes, merchandise, or displays falling from overhead shelves)
- Home improvement stores (e.g., large or heavy items stored on high racks without proper support)
- Grocery stores (e.g., stacked products falling when shelves are restocked improperly)
- Warehouses (especially where customers are present, like at Costco or Home Depot)
- Workplaces or construction sites (tools, materials, or debris falling from above)
🧑⚖️ Liability in Falling Object Cases
In California, the key legal concept in these cases is premises liability, which holds property owners and occupiers accountable for dangerous conditions on their property. To hold someone liable for injuries caused by falling objects, you generally need to prove negligence. Potentially liable parties include:
- Business Owners or Store Managers:
- Businesses that stack merchandise too high, fail to secure shelving, or create unstable displays may be found negligent.
- If an employee improperly restocked a shelf or failed to warn about a known hazard, the store can be held vicariously liable.
- Landlords or Property Managers:
- If the injury happened in a residential or commercial rental space, the property manager or landlord may be responsible if the shelving or storage structure was defective or improperly installed.
- Third-Party Contractors:
- If a contractor or delivery service stacked items that later fell, they may be held partially or fully liable depending on the circumstances.
🧩 Proving Negligence in a Falling Object Case
To successfully pursue a personal injury claim, you must establish the following elements of negligence:
- Duty of Care: The property owner or business had a duty to ensure their premises were reasonably safe, including secure storage and shelving.
- Breach of Duty: They breached this duty by failing to secure or properly store objects, allowing a foreseeable hazard to exist.
- Causation: The falling object caused your injury. You must show a direct connection between the negligent act (e.g., overstacked boxes) and your injury.
- Damages: You suffered actual harm—physical injury, emotional distress, or financial loss—as a result.
💥 Injuries Commonly Caused by Falling Objects
The severity of injuries depends on the size, weight, and height of the falling object. Common injuries include:
- Head injuries (e.g., concussions or traumatic brain injuries)
- Neck and back injuries
- Broken bones or fractures
- Cuts, bruises, or lacerations
- Shoulder or joint injuries
- Emotional distress, especially in cases involving children or traumatic experiences
📁 Key Evidence for Your Case
To build a strong case, collect the following evidence:
- Surveillance footage (if the accident occurred in a store or facility with security cameras)
- Photos of the scene (including the shelf and the object that fell)
- Witness statements (from anyone who saw the object fall or knew of prior similar incidents)
- Incident reports (if the store or property owner documented the incident)
- Medical records documenting your injuries
- Maintenance or training records (e.g., store procedures for stocking or inspecting shelves)
💰 What Compensation Can You Recover?
If you succeed in your claim, you may be entitled to both economic and non-economic damages, including:
✅ Economic Damages:
- Medical expenses (past and future)
- Lost wages and future loss of earning capacity
- Out-of-pocket expenses (e.g., transportation, medications)
✅ Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
⏳ California Statute of Limitations
In most personal injury cases in California, you have 2 years from the date of the injury to file a lawsuit. If the injury occurred on government-owned property, you must file a government claim within 6 months.
Failing to meet these deadlines could prevent you from recovering any compensation.
👨⚖️ Do You Need a Lawyer?
These cases can be complex, especially when businesses deny fault or claim your actions caused the injury. A skilled California personal injury lawyer can help by:
- Investigating the incident and gathering evidence
- Determining liability
- Negotiating with insurance companies
- Taking your case to court if necessary
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].