Maison Law helps anyone that’s been injured at Home Depot stores in California. While all retail stores have potential hazards, Home Depot has unique risks. Due to the nature of the products it sells, there are a number of forklifts moving throughout the store. You have a legal right to a safe shopping experience at Home Depot. If the store’s negligence leads to your injury, you can hold them accountable under California law. Contact us today for a free consultation to understand your rights and options.
When Do You Need a Lawyer?
Being injured by a forklift at Home Depot can be incredibly frustrating. Whether you need a lawyer depends on your specific circumstances. Minor injuries might not require legal action, but severe injuries from a collision or accident with a forklift can have serious consequences. Our team can help you by:
- Explaining your rights
- Figuring out who’s responsible for the accident
- Helping you gather important evidence and records
- Negotiating with Home Depot and its insurance companies
Most of all, we want to make the legal process easier on you. Having to deal with injuries on top of everything else you’re going through can be challenging. We take that burden off of you, and let you focus on getting better.
What Are Your Claim Options After a Forklift Accident at Home Depot?
You obviously never want to get injured at a Home Depot, yet given that there’s forklifts and other dangerous things available, it sometimes happens. In the eyes of the law, though, a forklift accident is a “premises liability” case. This means that you have certain options for filing an injury claim to recover “damages.”
This can be done through an insurance claim, a personal injury lawsuit, or sometimes both.
Insurance claims are typically less formal and quicker, though settlements are often influenced by the insurer’s goal to minimize payouts. Lawsuits, on the other hand, involve the court system, which can be more time-consuming but may result in a higher amount of damages because it’s controlled by an impartial judge and potentially, a jury.
Damages in these cases are intended to cover various losses related to your injuries and the incident itself. While every case is unique, you may be able to recover the following types of damages in your claim:
- Medical expenses – These damages cover all costs related to your medical treatment, including doctor visits, hospital stays, surgeries, medications, and therapy.
- Lost wages – If your injury prevents you from working, you can recover wages or salary lost during your recovery.
- Property damage – If personal belongings were damaged in the accident, you can recover the costs to repair or replace them.
- Pain and suffering – This covers any physical discomfort and mental anguish resulting from the injury, including both the pain you experience and the mental stress caused by the injuries.
- Emotional distress – These damages cover the emotional impact of the accident and injury, such as anxiety, depression, or trauma.
- Loss of quality of life or companionship – If your injury affects your ability to enjoy life or impacts your relationships, you may receive financial considerations for this loss.
The amount you ultimately receive will depend on the specifics of your case and the extent of your injuries. It is crucial to act promptly to protect your claim. In California, there is a two-year statute of limitations for injury claims, meaning you must file within two years from the date of the accident to recover damages. Missing this deadline can prevent you from receiving any financial support, no matter how strong your claim is.
Who Pays For Your Damages After a Forklift Accident at a Home Depot?
When you’re hurt by a forklift in a Home Depot, it can be pretty confusing. Generally, Home Depot has a legal responsibility to keep you safe while you’re on their property (during business hours or in certain areas of the store.) That said, they also have to make sure that forklift operators are properly trained and in working order.
Failing in any of these aspects makes Home Depot liable for your injuries, but it also depends on the circumstances and how the accident actually happens. You might not think about it, but there’s actually a number of different ways you could be hurt by a forklift at Home Depot, including:
- Untrained operators can mishandle forklifts.
- Overloading can cause tipping.
- Poor maintenance can lead to malfunctions.
- Limited visibility can cause collisions.
- Tight spaces with many people increase accident risk.
- Speeding can result in loss of control.
Because it’s ultimately store property, Home Depot is going to carry most of the legal responsibility for a forklift accident. That said, others can share in this liability:
- The forklift operator
- The forklift maker
- Maintenance contractors
- Product makers
Determining liability is crucial as it guides the direction of your claim. It identifies who you will file against and, more importantly, who is responsible for paying for your damages. But your damages depend on your injuries, and how you respond.
What Are Some Common Injuries in Forklift Accidents at Home Depot?
A forklift is a unique piece of equipment. It’s designed to carry extremely heavy objects and merchandise in a relatively small, compact frame. Moreover, it’s also designed to move quickly and sharply in tight spaces.
So then, it’s not really all that difficult to see how this can lead to accidents. When you add in negligence, it makes things much more dangerous. In the event of one of these accidents, you can potentially be looking at any of the following injuries:
- Broken bones or fractures caused by falls or being struck by the forklift.
- Head injuries, including concussions and traumatic brain injuries (TBIs) from impacts.
- Crush injuries when limbs or other body parts are caught under or between heavy objects.
- Cuts and bruises from sharp edges or falling debris.
- Internal damage to organs from severe impacts or crushing forces.
- Sprains and strains from sudden movements or lifting heavy objects improperly.
Remember, the details of the incident and the severity of your injuries will determine the amount of damages you can receive in a claim. It’s crucial to take steps to protect your claim, and even more important to act quickly after the accident happens.
What Should You Do After a Forklift Accident at Home Depot?
Experiencing a forklift accident at Home Depot can be alarming. Despite safety efforts, accidents can happen. Here’s how to protect your health and potential claim:
- Call for help – Move to safety and check for injuries. Call 911 if you or anyone else is injured. While Home Depot may have first aid, you want to get professional medical care from an EMT.
- Report the accident – Even though the forklift operator will be aware of the accident, still notify Home Depot staff immediately. They should be trained to manage these situations and can offer quick help. You may also want to ask for an incident report from Home Depot staff to make sure all the details are documented.
- Document the accident – Take photos of the accident site, injuries, and any property damage caused by the forklift. This visual evidence is very important for showing your injuries and damages.
- Keep detailed records and preserve evidence – Keep records of all medical treatments and any necessary repairs due to the accident. Don’t repair or replace any damaged property until it can be documented.
Each accident is unique, but following these steps can strengthen your claim. The most important thing you can do is prioritize your health first, with everything else flowing from that. And remember, you can reach out to our team for legal support whenever you need it.
Contact Maison Law if You’ve Been Injured by a Forklift at Home Depot
If you’ve been injured in a forklift accident at a Home Depot in California, you’re probably facing significant physical and financial burdens. At Maison Law, we are dedicated to guiding our clients through the recovery process effectively. If you or a loved one has been injured by a forklift at Home Depot, contact us today for a free consultation.
