Maison Law represents people that get hurt at a Home Depot in California. Even though there’s a number of potential hazards present at any store, a Home Depot is a bit different in that the products they typically sell can be heavier and more dangerous if they fall. Regardless, you have the legal right to be kept safe while you’re shopping at Home Depot. If the store fails you, you can hold them accountable under California law. Contact us today for a free consultation to learn how.
Do You Need a Lawyer?
If you’re injured by falling merchandise or some other object at a Home Depot, it can be incredibly frustrating. But whether or not you need a lawyer depends on your situation. A minor injury probably won’t mean legal action. However, objects falling on you can leave you seriously injured. Then, you have to think about who’s responsible and what actually happened. Having our team on your side makes answering these questions much simpler. We’ll explain your rights and options, then guide you through the process.
Better yet, we work on a contingency-fee basis, which means you don’t pay anything to us upfront.
How Liable is Home Depot For Falling Objects?
When something falls on you at a Home Depot and you get hurt, it’s incredibly frustrating. Most of the time, it was probably avoidable. In fact, it’s negligence that separates a freak accident from a potential legal claim.
Like any other business or property in California, a Home Depot has a duty to keep its customers safe while they are on the premises. This includes the parking lots and other areas around the store, but it is especially relevant once you are inside the doors. Unfortunately, there’s plenty of hazards for falling objects in these stores, like:
- Improper shelving
- Faulty equipment
- Employee negligence
- Customer actions
- High-traffic areas
- Inadequate signage
- Improper equipment use
- Structural issues
- Unstable product packaging
Home Depot is usually responsible if one of these conditions causes an accident. However, several other legal factors come into play:
- Your reason for being there – Home Depot’s duty to protect you is higher if you are there as a customer rather than a trespasser.
- Home Depot’s condition – The overall safety and maintenance of the store.
- Home Depot’s awareness of hazards – If Home Depot knew about the potential hazard and failed to address it.
Again, though, everything depends on the circumstances. So, when something falls on you, the following people or parties can share some of the liability:
- Contractors – If they were responsible for maintenance or repairs that contributed to the incident.
- Product makers – If a defective product caused harm or contributed to the accident.
- Security companies – If inadequate security measures played a role in the incident.
- Vendors – If they were involved in stocking or maintaining areas where the incident occurred.
It’s important to figure out liability because it effectively sets the course of your claim. It tells you who you’ll be filing against, but more importantly, tells you who’s responsible for paying for your damages.
What Are Your Damages in a Claim Against Home Depot?
Once liability is determined, the next step is filing a claim, often through an insurance claim or personal injury lawsuit, or sometimes both.
Insurance claims are less formal and quicker, though settlements are controlled by the insurer’s desire to minimize payouts. Lawsuits involve courts and can be more time-consuming but offer potential for higher compensation (“damages”).
Damages in these cases aim to compensate for various losses related to your injuries and other damage from the accident. Every case is different, but in these types of claims, you can potentially recover things like:
- Medical expenses – This includes all the costs related to your medical treatment, such as doctor visits, hospital stays, surgeries, medications, and therapy.
- Lost income – If your injury prevents you from working, you may lose wages or salary. These damages can help make up for this financial loss.
- Property damage – If your property (like personal belongings) is damaged in the accident, costs to repair or replace it can be recovered.
- Pain and suffering – This refers to the physical discomfort and mental anguish caused by the injury. It includes the pain you feel and the mental stress your injuries cause you.
- Emotional distress – Beyond physical pain, this covers the emotional impact of the accident and injury, such as anxiety, depression, or trauma.
- Diminished quality of life or companionship – If your injury affects your ability to enjoy life or impacts your relationships with others, you may receive financial support for this loss.
- Wrongful death expenses – If a loved one dies due to the accident, these damages can cover funeral expenses and the financial impact of their loss on surviving family members.
Remember, the specifics of what happened and the extent of your injuries will determine how much support you can receive in a claim. It’s important to take steps to protect your claim, but even more importantly you have to file it on time. Currently, there’s a two-year statute of limitations in California for injury claims, meaning you have two years from the date of the accident to file. Miss it, and you can’t recover damages at all.
How Can You Protect Your Claim After an Accident Involving Falling Objects at Home Depot?
Experiencing an accident, especially involving falling objects at Home Depot, can be unsettling. Despite efforts to maintain safety, accidents can still occur. Here’s what you should do to protect your health and potential claim:
- Get medical help – First, move to a safe area and check yourself and others for injuries. If anyone is injured, call 911 for an ambulance. Home Depot may have first aid available, but don’t hesitate to call an ambulance for professional medical care.
- Report the accident – Tell the Home Depot staff immediately. They are supposed to be trained to handle these situations and can provide help. It also alerts them to the issue and should prompt them to fix it.
- Document the scene – Take photographs of the accident site, including any injuries or damage caused by falling objects. This visual evidence is crucial for showing what happened and how hurt you are.
- Exchange information – If others are involved, exchange contact details and insurance information. This information will be very important for your insurance claim.
- Get an incident report – Ask for an incident report from the Home Depot staff. Provide detailed information about the accident, making sure all aspects are documented accurately.
- Get further medical care – Even if injuries seem minor, it’s important to get a full medical evaluation as quickly as you can. Some of your injuries won’t show up right away, but could worsen without proper care. Visit a doctor or hospital for further examination and treatment.
- Keep thorough records – Maintain records of all medical treatments and any repairs you need because of the accident. Stay in contact with Home Depot and your insurance company to make for a smooth claims process.
Every accident is different, but taking these steps can help right away and improve your chances with your claim. Keep in mind that the seriousness of your injuries can affect your case, and our skilled team is here to assist you when you need it most.
What Injuries Can Happen When Objects Fall on You at Home Depot?
Regardless of why it happens, an object falling on you at a Home Depot can leave you facing pretty serious injuries. It’s not difficult to see why: Home Depot carries extremely heavy merchandise in certain areas of the store, especially in the lumber and outdoor departments. Then, there’s things like pallets and other equipment on tall shelves that can sometimes fall. All of this adds up to potential hazards, and leads to injuries like:
- Head and brain injuries
- Broken bones, especially to your arms
- Neck and spinal injuries
- Pulled muscles and ligaments
- Crush injuries
- Internal organ damage
- Psychological trauma
Although these injuries are common because of falling objects, everything depends on the circumstances. So, you might walk away with multiple injuries. This is going to make the recovery process longer and harder, but with our team on your side, you’ll have the support you need to see your claim through to the end.
Contact Maison Law After Being Hurt by Falling Objects at a Home Depot
If you’re injured due to a falling object at a Home Depot in California, it can lead to medical bills, treatment, rehab, or missed work. This all adds up to physical and financial challenges. At Maison Law, we take pride in our ability to help our clients through the recovery process with success. If you or a loved one have been injured by a falling object at Home Depot, contact us today for a free consultation to talk about your options.
