You don’t expect a shelf to give way, or debris falling from the scaffolding above you. One moment you were enjoying an ordinary day, and the next you’re hurt, staring down rehabilitation and medical bills, then wondering who’s supposed to answer for this?
Injuries from falling objects happen in a split second. It’s figuring out who’s liable that can take weeks, months or more if the property owner tries to shift the blame.
What Does the Law Say About Injuries from Falling Objects in Texas?
Texas premises liability law holds property owners and employees responsible when they fail to keep their spaces reasonably safe. This responsibility is called a duty of care, and it requires owners to inspect hazards, fix them, or warn visitors before someone gets hurt. When a property owner ignores a known risk and an object falls as a result, the law treats that failure as negligence.
How Long Do You Have to File a Falling Object Injury Claim?
Texas gives you two years from the date of your injury to file a premises liability claim. The deadline comes from Texas Civil Practice and Remedies Code Section 16.003, and it applies whether the falling object hit you in a retail store, a warehouse, or on a construction site.
Miss this window, and you lose your right to sue, no matter how strong your case is or how much evidence you have.
Evidence often disappears quickly. Security footage gets overwritten, and witnesses move on. Acting early protects your deadline and your proof.
What Are Common Causes of Falling Objects in Houston Workplaces?
Falling objects are rarely the result of randomness.
Poorly secured shelving or unstable pallets cause many accidents. Loose construction materials and unmarked overhead work cause the rest.
Foreseeability is what’s important. If a reasonable property owner should’ve predicted the danger and failed to act, that is a failure that supports your claim.
One important wrinkle worth knowing: if your accident happened on a construction site, Texas Civil Practice and Remedies Code, Chapter 95, gives property owners extra legal protection in claims brought by contractors or their employees.
An experienced lawyer will know how to navigate this exception to still build you a strong case.
What’s the Average Settlement in Falling Object Injury Workplace Claims, Worth?
There’s no concrete, flat number that can apply to every case. Your average settlement for a falling object injury compensation claim entirely depends first on your medical expenses. It also depends on your lost income and how severely the injury has affected your quality of life. A thorough attorney weighs every aspect of the damage before recommending whether to accept an offer.
How Do You File a Falling Object Compensation Claim?
Building a strong claim starts with evidence. For a falling object injury, lawyers start with the evidence. Photos of the scene help your case, as do incident reports and statements from anyone who saw what happened to you. Remember: waiting too long can cost you access to this critical proof.
Why Does a Falling Object Injury Need an Attorney?
Insurance companies don’t work for you or protect you. They work to protect their bottom line. A skilled injury lawyer knows their tactics and how to maneuver around them. That lawyer documents your losses and negotiates a settlement that reflects everything you’ve been through.
What To Do After a Falling Object Injury?
- Seek medical attention right away, even if the injury feels minor.
- Report the incident to the property owner, manager, or employer
- Photograph the entire scene, the object, and your injuries before anything changes.
- Get contact information from anyone who saw what happened to you.
- Talk to an O’Hara injury attorney before you speak to an insurance adjuster.
Talk to a Compassionate Attorney at O’Hara Law
Our team at O’Hara Law has represented Houston clients like you who have been harmed by falling objects, and any attorney on our staff can walk you through all of your options.
Suffering from mounting bills, confusing answers, or painful injuries? You don’t deserve that, nor to be left to figure this out on your own. Contact us today for a free consultation.
Frequently Asked Questions
Does it matter if I was an employee, customer, or trespasser when the object fell on me?
Yes, it matters a lot. Texas law gives customers and invited guests the strongest protections, meaning property owners owe them the highest duty of care. Trespassers get far less protection under the law. If you’re not sure where you fall, that’s exactly the kind of question we sort out in a free consultation.
Can I still file a claim if the property owner says the falling object was “an accident” and nobody’s fault?
Property owners say this often, but it doesn’t automatically clear them of responsibility. If a reasonable inspection or basic safety measure would’ve prevented the object from falling, the law can still hold them liable, regardless of what they call it.
What if the falling object came from a company that doesn’t own the property, like a contractor or vendor?
You may have more than one party to hold accountable. Contractors, subcontractors, and even equipment manufacturers can share liability if their work or products contributed to the hazard. We investigate every angle to find every responsible party.
Will filing a claim affect my job if the accident happened at my workplace?
Texas law protects you from retaliation for pursuing a legitimate injury claim. Your employer cannot legally fire or punish you for seeking compensation you’re entitled to.
What if I was partly responsible for being near the falling object?
You can likely still recover compensation. Texas follows a comparative negligence rule, so as long as you’re found 50% or less at fault, you can still pursue damages, though your award may be reduced.