Hardware store owners have a duty to keep their stores safe. If they fail to do so, and it results in an injury, they can be liable. Hardware stores such as Home Depot, Lowe’s, and Ace Hardware are essentially large warehouses that are open to the public. Various tools and materials found in these stores may result in serious injuries if they are not properly maintained.
Understanding Slip and Fall Injuries
Common Causes of Slip and Fall Injuries
Various slip and fall hazards can injure customers and employees of hardware stores. Paint cans can spill, oil from a machine may leak, or water may drip from pipes, all causing slippery floors. Additionally, pieces of wood may be out of place, creating tripping hazards. The flooring could be damaged, causing trips and falls, or inadequate lighting can make it difficult to see potential hazards.
Legal Implications of Slip and Fall Accidents
In North Carolina, many challenges make it difficult to handle slip and fall cases successfully. These two things must be true for there to be a significant chance of winning a slip and fall case:
- The owner must have known dangerous conditions were causing the fall or a reasonable chance of discovering the condition.
- The client must have acted diligently in watching where they were walking.
While many people believe that after falling at a big-box retail store, the owner will take financial responsibility for their damages, that is usually not the case. Defendants will often deny liability even with a videotape showing the incident was their fault, and the plaintiff was hurt. Sometimes, these videos go “missing” if they hurt their interest. An experienced personal injury lawyer can help throughout the process and will send out a “spoliation letter” requiring the owner to maintain all evidence of what happened.
A slip-and-fall claim against a store must show that the store owner was negligent and that a customer suffered an injury because of that negligence. Under premises liability law, businesses have a duty to keep their property reasonably safe.
What to do After a Slip and Fall Injury
If you were involved in a slip and fall accident, there are essential steps to take to protect your health and legal rights. First, it is vital to seek medical attention, even if your injuries do not seem severe. A medical professional can evaluate your condition, and having medical records can benefit your case.
Next, document as much information as possible. Report the incident to the store manager, take photos of the scene and the hazards that caused the fall, all costs related to the injury, and any other relevant information. Finally, contact a slip and fall attorney to ensure your case is handled correctly, and all necessary evidence is gathered and analyzed.
Other Common Hardware Store Injuries
See what the most common hardware store injuries are
- Falling merchandise: Extra merchandise is often stored overhead to save space. This makes it difficult to reach the items, and with improper movement, shoppers may be in the space of falling objects.
- Forklift accident: A worker may lose control of the forklift, causing them to crash into an object or person
- Falls from ladders: Customers and employees use ladders to retrieve items. The ladder may not be adequately maintained, with the wheels locking or the ladder rolling uncontrollably, or the person on it may lose their balance and fall.
- Power tool accidents: Hardware stores sell plenty of tools; if any equipment is faulty or handled incorrectly, injuries may occur.
Preventing Hardware Store Injuries
Customers should prioritize safety by carefully following product instructions, utilizing appropriate protective gear, and being mindful of their surroundings. Hardware store owners are responsible for prioritizing safety by conducting regular inspections for hazards, implementing clear safety signage, and providing well-maintained equipment. Promptly addressing spills, leaks, and damaged merchandise is essential.
Compensation for Slip and Fall Injuries
Compensation for slip and fall injuries varies widely, depending on several factors. The extent to which the property owner is responsible for the accident contributes to your compensation amount. If you are partly at fault for your own injury, you can’t get any money for damages from someone else, this is known as contributory negligence. Victims may be able to recover damages for the following:
- Medical expenses, both past and future
- Past and future pain and suffering
- Lost wages and diminished earning capacity
- Permanent scarring
- Permanent injury
Contact Us
If you have suffered an injury from a hardware store such as Lowe’s or Home Depot, contact a personal injury lawyer to get the compensation you deserve. We handle cases on a contingency fee basis, which means you only pay if we win. Maginnis Howard has three offices in Charlotte, Raleigh, and Fayetteville. To reach an intake specialist, visit our contact page or submit an inquiry through our Live Chat feature. You may also call us at (919) 526-0450. We accept clients across the Carolinas.
