Maison Law represents victims injured due to falling merchandise at Home Depot. Falling merchandise is a prevalent issue in big box stores like Home Depot. Employees can make mistakes securing and misplacing items on high shelves, leading to serious injuries.
If you’ve suffered injuries due to falling objects, it is recommended to consult with a Personal Injury Lawyer at Maison Law to ensure you’re compensated for your injuries. Contact us today for a no-cost, no-obligation consultation.
How Objects Can Fall From Shelves
Improperly stocked materials where there is uneven weight distribution can cause items to topple unexpectedly. In some cases, shelves can be defective and susceptible to collapse. If either of these incidents occurs and someone gets injured, Home Depot will be the primary party responsible, but other parties can additionally be at fault. If the shelf is defective, the shelf manufacturer can be held responsible, complicating legal matters.
Determining fault will be a vital step in your case. An experienced Personal Injury Lawyer will be able to conduct an investigation to assign fault to all liable parties. The more at-fault parties in your case could potentially mean you will receive a higher settlement.
When is Home Depot Liable for Falling Objects
If a falling object injures someone in a Home Depot. Home Depot could be responsible for a premises liability. A premise liability is covered under California’s Civil Code 1714(a):
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”
To have a successful case against Home Depot, you will have to prove they:
- Created a dangerous condition to exist on its property, or allowed one to manifest
- Knew about a dangerous condition but did nothing to fix or remove it
- Reasonably should have known the hazardous condition existed and did nothing about it
Next, you will have to show that:
- Your injuries were due to the dangerous condition
- You suffered harm that can be verified by a doctor or hospital
How are Injuries Calculated for a Falling Object Accident?
There are several factors used to calculate injuries. Medical expenses, legal expenses, lost wages, and pain and suffering will have a significant impact on the value of your settlement, however, those factors will all be decided by the severity of your injury. When assessing the severity of injuries sustained, they are typically placed into one of the following three tiers:
- Tier 1: This tier is for the most severe injuries. Severe injuries tend to have the largest payout. These injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Permanent disfigurement
- Wrongful death
- Tier 2: This tier is for moderate to severe injuries. These injuries typically require surgical intervention and deal with broken bones, fractures, and lacerations.
- Tier 3: This tier is for mild to moderate injuries. This generally includes injuries that do not require surgery such as strains, sprains, and contusions.
Contact A California Home Depot Personal Injury Lawyer
If you or a loved one has been injured due to a falling object at Home Depot, our experienced Personal Injury Attorneys at Maison Law can help you get the compensation you need. We are experienced in handling major corporations like Home Depot and will aggressively pursue compensation for the damages you’ve suffered. Contact Maison Law for a 100% free consultation and case evaluation today.
