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Home improvement store giants like Lowe’s and Home Depot dot the landscape of every state in the nation, serving thousands of consumers daily. From DIY projects to major construction, most people have visited a home improvement or hardware store. Lowe’s and Home Depot, however, are not like your local shop. The aisles of the chain’s stores are brimming with heavy construction materials, and foot traffic is joined by employees operating dangerous machinery. When a company fails to secure its property for consumer safety, the injured party may have a premises liability claim. Our experienced personal injury attorneys can help you get the compensation you deserve after an injury at Lowe’s or another home improvement store.
Premises liability law covers incidents where someone is injured on another person’s property. The term refers to the legal duty of property owners or occupiers to maintain a reasonably safe environment for visitors. They can be held responsible for injuries caused by preventable hazards such as slip-and-fall risks or failing to warn visitors about these dangers. To make a successful personal injury claim under premises liability, you must demonstrate that the owner’s failure to fulfill a duty of care led to the injury.
EXAMPLE
A home improvement store employee operating a forklift does not look out for customers. The employee hits a customer, breaking his knee. A lawyer can argue the employee was negligent and the store is liable for that misconduct.
The average Lowe’s store is a sprawling 112,000-square-foot warehouse that sells over 40,000 items. These metrics indicate that employees are responsible for a vast area; what’s more, online reviews frequently cite under-staffing at the chain. This combination of low staffing and the warehouse-style of home improvement stores opens shoppers up to a multitude of safety risks. A few of the most common dangers in a home improvement store include:
Home improvement stores stack their many thousands of products higher than most other commercial retailers, reaching heights of up to 12 feet. Heavy items may be placed on lighter ones, or employees may fail to secure materials on unstable displays. If not properly stacked, items can easily fall on customers or in the path of traffic.
Because stores like Lowe’s and Home Depot are essentially warehouses open to the public, you will see employees operating heavy machinery like forklifts around customers. Without proper training or awareness, an employee using heavy-duty equipment can strike a customer or other employee.
In an already bustling environment where the risk of injury is present even in the safest of stores, aisle obstructions create additional obstacles for both customers and employees. For example, power cords stretched across walking paths, abandoned carts or equipment, and even intentional obstacles like merchandise stands.
Store like Lowe’s and Home Depot often feature expansive garden centers. Naturally, employees water these plants frequently which can lead to obvious hazards for customers passing through. Inside the store, you might find run-of-the-mill spills from customers or wet floors from cleaning. If not adequately addressed or marked with a warning sign, customers can slip and fall. Additionally, home improvement stores often have smooth concrete floors that make it difficult to maintain traction.
A store that does not prioritize safety or understaffs, resulting in key areas being unattended, should be held responsible when an injury occurs.
Did You Know?
A Nevada woman successfully sued her local Lowe’s for a traumatic brain injury she suffered after a slip-and-fall in the garden center. She recovered more than $16 million after permanently losing the ability to smell and taste.
Injuries are a risk in any commercial space, but home improvement stores have a propensity for more accidents and more serious injuries.
A slip and fall at a Lowe’s or Home Depot can be compounded by the environment. Unlike a traditional retailer, such as a grocery store, home improvement centers have potentially hazardous materials across the store. A customer may trip on an unsecured item, cord, or wet spot and could be even more injured because they are launched into sharp materials like sheet metal. This doubling of risk should be treated by Lowe’s and Home Depot with greater caution.
Slips and falls onto sharp objects can result in serious injuries. Lacerations (cuts) are a risk at any store, but home improvement retailers carry sharp metals, glass fixtures, and other heavy materials that can cause deep cuts. Treating these cuts is essential, especially if the bleeding is profuse and the material contaminated.
A crush injury at a home improvement store can be a serious and even fatal accident. Heavy materials are readily available to every customer in large quantities. Customers can pull items from these large shelves, and in some cases, improper stacking can cause loose materials to fall.
A traumatic brain injury can disrupt a victim’s entire life. It is a serious condition that can be brought on a slip and fall, blows to the head from falling merchandise, or falling from a height while reaching for a product.
Any dangerous condition associated with Lowe’s and Home Depot can potentially lead to a fatality. Losing a loved one to a preventable tragedy like improper safety standards in a store is something no family should ever have to go through. If you have lost a loved one this way, our experienced wrongful death attorneys can help you recover compensation for the loss of life, funeral costs, lost wages, and other expenses. While no amount of money will replace your loved one, you can hold the store accountable.
Retailers have a legal duty to maintain safe conditions for visitors. Simply sustaining an injury on someone else’s property does not automatically mean the property owner was at fault. However, many accidents are preventable if a store uses safe practices to protect customers and employees. When these standards are breached or never established, an injured party can claim that a store is liable for their injury due to the store’s negligence. Proving that a retailer acted negligently can be a difficult task. That’s why it’s essential to hire an experienced personal injury attorney to fight on your behalf.
Through a premises liability lawsuit, an injured party can pursue monetary damages from a negligent retailer. The amount you can recover from a personal injury claim depends upon the specific circumstances of your case. The degree of your injury, the evidence available, and the resources of the defendant all shape the possible outcome. Your damages will be considered both economically and non-economically.
Medical Expenses: Doctors’ visits, surgeries, and ongoing care can be a massive financial strain for injury victims.
Lost Wages: Depending upon the type and severity of your injury, you may be unable to work for an extended period. That’s why victims can pursue compensation for lost wages and reduced earning capacity that resulted from an accident. For example, someone who works in construction and has a crush injury to their foot can show how the store’s negligence is costing them by putting them out of work.
Pain and Suffering: This category includes the less tangible consequences of your injury. Victims can pursue compensation for physical pain, emotional distress, and reduced quality of life. For example, if you are left with noticeable scarring or disfigurement, your attorney can argue for compensation for the way that has changed your life.
Premises liability cases can be an uphill battle in North Carolina, but you don’t have to handle it alone. An experienced premises liability lawyer can help you prove the store acted negligently, find all sources of compensation, and deal with insurance companies while you focus on recovery. An attorney will collect evidence, such as witness testimony, photographs, video, and store records, to prove that your injury was the direct result of unsafe store conditions. Maginnis Howard has successfully sued home improvement stores, such as Lowe’s and Home Depot, for over 15 years, recovering substantial settlements for our clients.
If you or a loved one were injured in a home improvement store like Lowe’s or Home Depot, contact us today for a free consultation. Our attorneys and staff are committed to securing the best possible settlement for you, while also providing a personal touch to your representation. To us, you are never a case number. Reach out today through our contact page, or visit one of our North Carolina locations. We represent clients across the Carolinas from our offices in Raleigh, Charlotte, and Fayetteville.
Our personal injury attorneys accept cases on a contingency basis. That means, you don’t pay anything unless we recover a settlement or verdict on your behalf. In addition, all consultations are free.
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