Walking into a store, visiting a friend’s apartment complex, or even strolling past a construction site shouldn’t be a dangerous activity. Yet, injuries from falling objects occur more frequently than most people realize. A box tumbling from a high shelf in a supermarket, a piece of debris dropping from a roof, or merchandise falling from a display can cause severe head trauma, spinal injuries, and long-term medical complications.
In Florida, determining who is responsible for these accidents isn’t always straightforward. It requires a close look at premises liability laws and the specific circumstances surrounding the incident.
The team at the Law Offices of Amanda E. Wright often sees victims who are unsure of their rights after such a sudden and disorienting event. Understanding who is liable is the first step toward securing compensation for medical bills and lost wages.
Determining Liability in Falling Object Cases
Liability in these cases usually hinges on who had control over the environment where the accident occurred. Under Florida premises liability law, property owners and managers generally shoulder the responsibility. They have a legal obligation to ensure their property is reasonably safe for lawful visitors.
However, liability isn’t limited solely to the owner. Depending on the situation, other parties might be involved:
- Property Owners and Managers: This is the most common scenario. Whether it’s a grocery store, a retail shop, or an apartment building, the entity in charge of the premises is responsible for maintaining safe conditions.
- Landlords or Leaseholders: If a business leases a property, the leaseholder (the business) is often responsible for the interior safety, while the landlord might be responsible for structural issues like a crumbling ceiling.
- Contractors and Third Parties: If a construction company drops a tool from scaffolding, or if a third-party stocking company improperly stacks shelves, they may share liability.
- Trucking or Loading Companies: In cases involving cargo falling from a vehicle, the driver or the company responsible for securing the load may be at fault.
Legal Duties of Property Owners
Property owners in Florida are not guarantors of safety — meaning they aren’t automatically liable just because an accident happened. However, they do owe a “duty of care” to invitees (customers) and licensees (social guests).
This duty involves three main responsibilities:
- Inspect: Owners must regularly inspect their property to identify potential hazards.
- Repair: Once a hazard is identified, it must be fixed promptly.
- Warn: If a hazard cannot be fixed immediately, the owner must provide adequate warning to visitors (like a “Wet Floor” sign or a barrier around a loose fixture).
Establishing Negligence
To win a claim for a falling object injury, the injured party must prove that the property owner was negligent. This involves demonstrating four key elements:
- Duty of Care: Proving the owner had a legal obligation to keep you safe.
- Breach of Duty: Showing the owner failed to meet this obligation (e.g., by ignoring a wobbly shelf).
- Knowledge (Notice): This is often the most critical and difficult part. You must prove the owner knew (actual notice) or should have known (constructive notice) about the danger. For example, if a heavy box was teetering on a shelf for hours, the owner “should have known” about it through reasonable inspection.
- Causation & Damages: You must link the breach of duty directly to your injury and subsequent financial losses.
The Role of Comparative Negligence
Florida follows a “modified comparative negligence” rule (often transitioning from pure comparative negligence in recent legislative updates, though the context provided mentions pure comparative negligence up to 50%). If you are found to be partially at fault for the accident, your compensation may be reduced.
For instance, if a court determines you were 20% at fault because you were distracted by your phone when the object fell, your final compensation award would be reduced by that 20%. If you are found to be more than 50% at fault, you may be barred from recovering damages entirely.
Proving Your Case
The burden of proof lies with the injured party. This means you need evidence. If you are injured by a falling object, try to document the scene immediately if you are physically able. Take photos of the object, the shelf or area it fell from, and your injuries. Gather names of witnesses who saw the event or the condition of the hazard beforehand.
Property owners will often argue they had no way of knowing the object was loose or dangerous. Solid evidence is the key to countering these defenses and proving that the owner failed in their duty to keep the premises safe.
Get Legal Help After an Injury
Suffering an injury from a falling object can be physically painful and financially draining. You shouldn’t have to navigate the complexities of Florida liability law alone while trying to recover.
If you have been injured by a falling object, contact the Law Offices of Amanda E. Wright today. We can help investigate your claim, establish negligence, and fight for the compensation you deserve.
