Did an object fall on you at work, while visiting a business, or on someone else’s property? Falling object accidents often result in traumatic brain injuries, spinal damage, broken bones, and other serious conditions that can change many aspects of your life. A Chicago falling objects injury lawyer could help you seek compensation for your losses. McCready Law’s workers’ compensation attorneys represent victims of these unexpected accidents and fight to hold negligent parties accountable.
When a falling object causes an injury on someone else’s property—whether at a retail store, construction site, warehouse, or commercial building—the Illinois Premises Liability Act (740 Illinois Compiled Statutes 130) typically governs the claim.
Property owners have a legal duty to maintain reasonably safe conditions and warn visitors of known hazards. When unsecured shelving, improperly stored materials, or overhead objects fall and cause injury, the property owner may be liable. An attorney familiar with injuries from improperly secured overhead objects could help navigate Chicago’s two-year lawsuit filing deadline.
When an injury happens at work, the Illinois Workers’ Compensation Act (820 ILCS 305) provides benefits, including medical expenses and partial wage replacement. However, if a third party—such as a subcontractor, equipment manufacturer, or property owner—caused the falling object accident, a Chicago lawyer could help pursue a separate personal injury lawsuit against that party for full compensation.
Injuries occurring on state-owned property or involving state employees are addressed under the Illinois Court of Claims Act (705 ILCS 505/8). An attorney in Chicago could explain how this law imposes a strict one-year deadline to file a notice of claim or a falling object lawsuit in the Court of Claims.
Winning this type of case requires proving that someone else was responsible for the hazard and failed to take reasonable steps to prevent the injury. Most falling object cases are based on negligence, or careless behavior that creates unreasonable risks. To establish negligence in Chicago, a falling items injury attorney must prove four elements:
One of the biggest hurdles in these cases is determining exactly who or what caused the object to fall, particularly on busy construction sites or commercial properties where multiple companies, contractors, and workers are present simultaneously.
State law provides a solution when it cannot be determined who caused the object to fall. The legal doctrine of res ipsa loquitur (Latin for “the thing speaks for itself”) allows injured victims to prove negligence even without direct evidence of who was at fault.
Under res ipsa loquitur, the court infers negligence when three conditions are met. First, the accident is the type that ordinarily does not happen without someone’s negligence. Next, the object that fell was under the defendant’s exclusive control. Finally, the injured party did not contribute to causing the accident.
In Chicago, when it cannot be determined which worker or company caused the trauma from the falling object, res ipsa loquitur allows an attorney to proceed with a case based on the inference that negligence occurred.
McCready Law has recovered over $200 million for injured people. With a full in-house litigation team and experience with dozens of jury trials, McCready Law is known for taking cases as far as necessary. Do not let questions about who caused your injury prevent you from seeking the compensation you deserve. To set up a free case review with a Chicago falling objects injury lawyer, contact McCready Law now.
