Customers who decide to enter a store expect it to be a safe space to visit and shop. However, when shopping leads to an injury, such as an accident involving a falling object that was misplaced on a shelf or elsewhere, any party that was responsible should be required to pay for a victim’s related expenses. Providence premises liability lawyer David Tapalian is dedicated to making sure that people harmed by another party’s careless actions pursue proper compensation for their injuries. Tapalian Law has represented clients throughout Rhode Island and Massachusetts for over 20 years, offering personalized and professional representation for victims. If you have been injured while on someone else’s property, by either a falling object or another hazard, contact our office to learn about your legal options.Bringing a Claim for Injuries Caused by Falling Objects
If an object falls from a shelf or other area, depending on its size, weight, and shape, it may cause serious injuries, especially if it falls on a victim’s head. An item that has fallen in a store may also obstruct walkways, which may result in someone tripping and falling and suffering other types of serious injuries.
Many different missteps by an employee, a cleaning service, or someone else who is responsible for handling merchandise in a store may cause an object to fall, creating an unexpected hazard for customers. Some common scenarios that may lead to harm due to a falling object include:
- Improper shelving or installation that is not equipped to handle heavier items;
- Incorrect stacking of objects;
- Failures to warn visitors of risks known to the establishment; or
- Items placed too high.
Evidence in these cases may include visuals of the property and other time-sensitive materials that need to be preserved. Thus, contacting a knowledgeable premises liability attorney following an accident is important to protect your legal rights.
To receive compensation for an injury caused by a falling object, you may pursue a premises liability claim against liable parties. In these cases, you must show that a business owner, or someone acting on its behalf, failed to exercise a reasonable degree of care in the upkeep of the property. For instance, business owners have a duty to regularly inspect property to ensure that it is free of hazards, which includes examinations regarding how and where items are stored.
To recover damages, it must be shown that a business owner knew or should have known of the hazard on the property and that the hazard caused the victim’s injury. If an owner fails to conduct inspections, during which they would have noticed items placed higher than they should be or stacked incorrectly, they may be held accountable for any injuries caused when those items fall on a victim. Employers may also be held vicariously liable for employees who act carelessly, if it is shown that the negligent action was committed by an employee within the scope of their employment.
In Rhode Island and Massachusetts, personal injury lawsuits must be filed within three years from the date of the accident, and time is valuable when pursuing these claims. Victims may receive compensation for medical bills, costs associated with rehabilitation, pain and suffering, and other types of compensation that will facilitate their recovery.Consult a Providence Lawyer for Your Premises Liability Case
If you or a family member have been injured on someone else’s property, you should not hesitate to learn more about your legal options. Providence premises liability attorney David Tapalian is available to answer your questions regarding the legal steps necessary to help cover the cost of your injuries. Tapalian Law assists victims across Rhode Island and Massachusetts, maintaining offices in Providence as well as in Seekonk. You can contact us online or call us at (401) 552-5000 to set up a free appointment with a personal injury or wrongful death attorney.