Most of us do at least some of our shopping at big box stores like Walmart, Costco, and Home Depot. Some of us do nearly all of our shopping at these retailers. One way these retailers keep prices low is by utilizing large warehouse spaces and industrial shelving to stock objects high above customers’ heads. When these objects are secure, they pose no risk of injury to customers. But when they are not secured properly, or when they are knocked or pushed off their high shelves through reckless and negligent acts, they can fall and potentially injure or kill a victim.
If the negligence that caused a falling object was the store’s owner or manager’s fault, they are liable for the victim’s damages under the doctrine of premises liability.
Premises Liability Regarding Falling Objects
Falling objects can be a hazard anywhere. In addition to big box stores, they are also a common cause of injury at construction sites. Just like a store’s owner or manager is liable for any damages related to injuries caused by their negligence, a construction company is liable for damages that result from injuries caused by their negligence at work sites.
Premises liability is the concept that a property owner is responsible for keeping their property in a safe condition for all authorized visitors, such as customers and social guests. When one of these visitors is injured because of a hazard that the property owner knew, or should have known, about and either removed or repaired, the injured party may recover compensation for his or her damages through a premises liability claim. Typically, premises liability does not extend to trespassers. However, they may be able to recover compensation for their damages if they can prove that their injuries resulted from the property owner’s malicious or wanton behavior.
Pursuing Compensation Through a Premises Liability Claim
Report your accident to a staff member as soon as possible. If possible, take a copy of the official accident report he or she fills out. This will be an essential piece of evidence to support your premises liability claim.
Seek medical attention for your injury. After you have received care, discuss your case with a personal injury lawyer to determine the best course of action for pursuing compensation for your damages. Through your claim, you can recover compensation for:
- Medical bills
- Your lost wages
- Pain and suffering
To recover compensation, you will need to prove that your injury resulted from an accident that would have been prevented if the property’s owner had taken greater care to secure the object that fell or otherwise prevent falls properly.
Work with an Experienced Personal Injury Lawyer
If you were injured on private property because of the property owner’s negligence, you have the right to pursue compensation for any damages you suffered through a premises liability claim. To learn more about seeking compensation for your damages this way, schedule your free case evaluation with our team of personal injury lawyers at the office of Bednarz Law today.