Someone was probably negligent when that object fell and injured you or your loved one. At least, that’s what Texas premises liability law says.
The doctrine of res ipsa loquitur means “the thing speaks for itself.” In other words, that type of injury does not occur unless someone is negligent. For example, in the first personal injury case to use res ipsa loquitur, the plaintiff was injured when a barrel of flour fell out of a second-story warehouse window and hit him on the head. The court, finding that res ipsa loquiturapplied, said barrels do not fall out of windows unless somebody is being negligent with them.
Similarly, objects do not fall onto people at stores, from buildings, near construction sites, or from the backs of trucks, unless someone was negligent. Negligence, here, includes recklessness. Thus, because someone else’s negligence or recklessness caused you to be injured, you have a right to receive compensation from that negligent party, their employer, or even the property owner. This is a common premises liability claim.
If you have been injured or have had a loved one injured or even killed by a falling object, it is important that the incident is reported immediately to store management, building personnel, construction site foreman, and/or to the police. It is also important to take photos of the injuries sustained and of the object(s) inflicting the harm. Proper evidence and documentation can be crucial to your claim. It is also vital that immediate medical attention is sought to treat the injuries.
You may also want to speak with a lawyer like Michael P. Fleming, who could help you to properly compute your damages and pinpoint liability. A team of attorneys at Michael P. Fleming & Associates, P.C. are standing by to assist you in filing a falling objects claim.
If you or a loved one has suffered injuries or even death from a falling object, contact the attorneys at Michael P. Fleming & Associates, P.C. today to discuss your claim. All personal injury claims have a deadline for filing, so it’s necessary that you act fast. Call the lawyers at Michael P. Fleming & Associates, P.C. today to get started on your claim.