Claims for injury from falls and falling objects

The law requires employers and business owners to take effective measures to prevent anyone from being injured by falling or being hit by a falling object. This also applies to schools, or public places and buildings, such as playgrounds, parks, hotels, and sports and leisure facilities.

Where an employer or business owner fails to take adequate measures to protect their workers’ or visitors’ safety, and this leads to injury, the injured worker or visitor may be able to claim compensation.

Where the accident results in permanent disability, such as from injury to the brain or the spinal cord, a claim for compensation can be a lifeline to rehabilitation and financial help with the costs of care, therapies, home adaptations and other specialist equipment and support. We investigate each client’s accident thoroughly to establish who was legally responsible for our client’s injury, so that we can notify them of the claim and request immediate rehabilitation funding from their insurers.

We advise anyone who has suffered a serious injury in any kind of fall which was caused by somebody else’s negligence to seek advice from a specialist solicitor. Even if the injured person's own actions were partly, but not entirely, to blame, they may still be entitled to substantial compensation for their injuries.

Injury claims arising from falls or being hit by falling objects are most common in the following industries or environments:

• construction industry;
• food and drink retail industry;
• commercial kitchens;
• maintenance work;
• motor vehicle repair (MVR);
• transportation and storage industry;
• farming and agricultural industry;
• warehouses, factories, and workshops;
• sports and leisure;
• public buildings and facilities;
• schools, parks and playgrounds;
• hotels and holidays.

Four types of accidents involving falls most commonly lead to injury compensation claims:

• falls from heights;
• falls on same level;
• falling from a moving vehicle;
• being hit by falling objects.

Common causes of serious injury compensation claims arising from falls from heights include:

• falling from unsafe public or school buildings;
• unsafe hotels or holiday facilities (balconies, unguarded staircases or windows);
• unsafe leisure facilities (such as cable cars or roller coasters);
• unsafe school or sporting facilities (climbing walls, zip wires, trampolines, gymnasium ropes).

However, most working at heights claims arise from accidents in the construction industry, where falls account for more than half of all construction-related deaths.

Examples of workplace accidents involving falling from heights which lead to serious injury compensation claims include:

• falling from rooftops;
• falling from scaffolding;
• falling through fragile flooring, roofing, or glass;
• falling from unguarded, elevated areas, such as platforms;
• falling from ladders;
• falling from cherry pickers;
• falling from trees;
• falling from barn lofts.

According to the HSE, around a third of all reported workplace non-fatal injuries are from slips, trips or falls on the same level.

Compensation claims for falls on the same level arise when serious injury is caused by accidents involving:

• falling into manholes, drains, or other uncovered or unguarded areas;
• falling into deep water;
• falling into grain silos, vats, or storage tanks;
• slipping accidents;
• tripping accidents (from trailing cables, raised flooring, paving, or ramps).

Slipping accidents are often caused by:

• spillages or leaks, such as oil or water;
• dirty or contaminated flooring, such as powder or factory dust;
• unguarded wet or slippery floors after cleaning;
• inappropriate footwear for the floor surface;
• icy steps or paths (unguarded or ungritted).

Tripping accidents are commonly caused by:

• trailing cables and wires;
• obstructions in walkways;
• failure to clear up debris;
• raised, uneven or broken surfaces (paving, carpets, stair risers/nosing or mats);
• poor lighting.

According to the HSE, falls from vehicles are the most common accidents involving workplace transport. Employers may be negligent where they failed to provide safe systems of work, appropriately secured ladders and guardrails, appropriate training, or failed to restrict vehicle access to employees who need to use them and are competent to do so.

Falls from moving vehicles also lead to serious injury in accidents on holiday, at theme-parks and sightseeing attractions and as a result of car-surfing or other dangerous behaviour. Whatever the circumstances, we recommend that families seek advice from our specialist personal injury solicitors after a fall has resulted in a severe injury. As long as the employer, driver or business owner was partly responsible for the accident, we can usually secure essential rehabilitation and financial assistance for the injured victim through a compensation claim.

Accidents involving falls from vehicles which often lead to injury claims include:

• falling from tractors and other agricultural vehicles;
• falling from the forks of forklift trucks;
• falling from the back of a lorry;
• falling whilst climbing or walking on top of tanker trucks;
• falling while climbing onto trailer loads;
• falling from cable cars, chair lifts or open-sided sightseeing vehicles;
• car-surfing.

Employers, contractors, owners of buildings and businesses, councils and schools all have a legal responsibility to protect employees, visitors, and the public from injury from falling objects.

Examples of accidents from falling objects which can lead to injury claims include:

• heavy items falling from poorly stacked, high shelves or storage areas;
• items falling from misused or faulty lifts, hoists or other machinery or equipment;
• being hit by toppling heavy trolleys or vehicles;
• being hit by items falling off a moving vehicle, such as a forklift or trailer;
• falling masonry, bricks, glass, or roof tiles;
• defective or poorly installed fittings;
• collapsing ceilings;
• co-worker mistakes (dropping things, incorrect stacking, misuse of equipment).

Employers are required by law to take all reasonable steps to protect the safety of their employees, contractors, temporary workers, visitors, and members of the public.

Working at height is dangerous. Employers and contractors must comply with a strict hierarchy of controls set out in health and safety (H&S) regulations when assessing the risk of falling injury, to ensure that wherever possible working from height is avoided and falls are prevented, or their impact is minimised if they occur.

To comply with these H&S guidelines, employers must:

• avoid the need for working at height unless the task cannot be safely and practicably carried out from the ground;
• prevent falls by:
  • having the work carried out at a safe place of work that is already set up;
  • using equipment that protects those at risk (e.g. guard rails on work platforms);
  • using personal (individual) safety equipment;
• minimise the distance/impact of falls with protective equipment for all (e.g. soft-landing systems or nets);
• minimise the impact of any fall to a worker by using protective equipment for the individual (e.g. a fall arrest system).

Employers must also reduce the risk of injury from falls by other measures, including:

• carrying out a thorough risk assessment and identifying what precautions are needed;
• planning and organising work tasks to make sure they are safe;
• providing adequate training, instruction and supervision;
• selecting, inspecting and maintaining appropriate equipment;
• ensuring that employees are competent to work safely;
• providing suitable footwear and clothing and safety equipment;
• providing a safe environment, such as adequate lighting;
• using signs and warnings.

Falling accidents and their causes are often complex, involving more than one contributing mistake. Workplace accidents often arise from a combination of an unsafe environment and a co-worker’s negligence.

Falling accidents and injury compensation claims often involve one or more of the following mistakes:

• inadequate risk assessment;
• non-compliance with H&S guidelines;
• failure to provide an alternative way of working, to avoid working at height;
• failure to provide adequate supervision and training;
• failure to provide safe access (e.g. handrails on elevated platforms);
• failure to provide adequate PPE or safety equipment or (work platforms, hoists, harness);
• failing to provide a safe system of work;
• defective equipment or machinery (ladders, hoists, cherry pickers);
• unsafe buildings or premises (e.g. ungritted icy paths, poor lighting);
• failure to guard, fence off or warn about tripping, slipping or falling hazards;
• failure to minimise the impact of falling hazards (e.g. soft surface under climbing frame);
• poor supervision of sports or leisure facility users (climbing walls, diving pools);
• failure to secure items on moving vehicles;
• driving with a passenger on the exterior of the vehicle.

An employer is usually responsible for an employee’s injuries if they were caused by the negligence of their co-workers.

Falling injury can be caused by co-worker negligence, such as:

• incorrect use of workplace vehicles, forklifts, trolleys;
• negligent driving of vehicles;
• incorrect stacking of items;
• causing spillages or tripping hazards;
• failing to clear up or clean up debris, spillages etc;
• unsafe use of equipment, such as ladders;
• dropping items.

Serious injury claims from falling accidents can be complex, as they are often caused or contributed to by more than one person’s mistake. In most serious injury cases where the injured person’s own actions contributed to their accident and injuries, they will usually still be entitled to compensation as long as another organisation or person (such as their employer, driver, or business owner) was partly at fault.

In these circumstances, the severely injured person’s compensation may be reduced in proportion to their own contributory negligence, but is often still substantial enough to provide for many of their needs arising from their disability throughout their life.

After severe injury or major trauma from an accident, the injured person or their family should always seek advice from solicitors with experience in securing rehabilitation and compensation in complex accident claims to ensure that they receive their full entitlement to compensation.