Kirkland’s Home Store Accident Injury Lawyer

Based in Brentwood, TN, Kirland’s is a home furnishing and décor retailer founded by Carl Kirkland and Robert Kirkland in 1966. The Kirklands began their business by selling home accessories at discounted prices, and by 2018, they had grown to 431 stores in 37 states. Currently, Kirkland’s sells a wide variety of merchandise, including furniture, garden décor, kitchenware, and lighting.

Home furnishing stores like Kirkland’s provide a vast array of options at affordable prices, but with so many locations, you never know what you’ll get when you walk in a Kirkland’s home goods store. Is the store clean and neatly organized? Are the employees keeping an eye out for dangerous conditions and making sure they are immediately resolved? Are the aisles free of boxes, pallets, or items falling off the shelves?

Unfortunately, this level of basic care and maintenance is sorely lacking at many stores that sell home décor and related accessories. When the owner of a residential or commercial property fails in their duty to safeguard others from harm, they are in violation of the state’s premises liability laws. As an injury victim, you may have the right to sue Kirkland’s for monetary compensation, which we can discuss with you during a free case evaluation. A store injury lawsuit attorney is available to help you with a claim for any type of accident, including:

• Slip and falls
• Trip and falls
• Injured by falling objects – merchandise, signs, store displays, etc.
• Ceiling or roof collapse
• Injuries caused by shopping carts
• Car accidents / injuries to pedestrians
• Assault and battery, including sexual assault by store employee or due to inadequate security

Our Recent Verdicts and Settlements

What are my Rights as an Accident Victim?

Your right to sue Kirkland’s depends on whether the store was negligent in their duty of care, i.e., did they fail to take reasonable measures that could have kept you from being injured, whether you were assaulted or involved in an accident.

To understand the principle of negligence, let’s say that you are in the aisle at a Kirkland’s home store when you fall down because of a slippery substance on the floor. The substance was from water that another customer had spilled earlier that day. Even though a dangerous condition at the store was caused by someone else, Kirkland’s still has a duty to keep their premises in a reasonably safe condition. That’s why you are allowed to file a slip and fall injury claim against the store and receive compensation for your medical bills and other qualifying damages.

To put it another way, here are the basic elements that must be satisfied in order to sue a business owner for injuries that were directly or indirectly caused by their negligence:

• Did the owner owe you a duty of care as someone that had a right to be on the premises?
• Was there a dangerous condition at the store that caused you bodily harm, like debris in the aisles, overflowing shelves, or ice in the parking lot?
• Alternatively, were you assaulted by a store employee or attacked due to lack of security?
• Did you sustain monetary losses as a result of being injured, like medical expenses and lost wages?

If you can yes to these 4 questions, you are most likely eligible for compensation from Kirkland’s, though what you receive will depend on the circumstances of your accident. Many people are under the impression that the cost of medical bills is all they can ask for, but that is far from the truth. If you miss days from work because of your recovery needs, you can ask for the value of lost wages, and even future lost wages if you are unable to or limited in your ability to work. Some claimants also end up with emotional trauma, especially from incidents like sexual assault or excessive violence by a security guard or another store employee. That’s why emotional distress and pain and suffering are compensable damages that may apply to your situation.

By speaking with one of our attorneys, you can learn more about the payments you are entitled if you had an accident at a Kirkland’s store location.

How to File an Accident Claim with Kirkland’s

The natural reaction to being injured in public is to leave the location as soon as possible, as it can be very embarrassing to have an accident in front of strangers. But we urge you to fight your natural impulse and stay put until you’ve filed an accident report. Please follow these steps to protect your right to compensation from Kirkland’s insurance company:

• Ask for a manager or someone that’s in a position of authority so that you can file an incident report. If, however, you have potentially life-threatening injuries, call 911 immediately; you can file the report once your condition is stable.
• If at all possible, start the evidence gathering process by capturing photos or video of your injuries, the object, hazard, etc. that’s responsible, and the area of the accident. Also, make note of any surveillance cameras at the store, as they may have recorded what happened to you.
• When answering the manager’s questions, keep your answers short, simple, and factual. Do not second guess yourself or make emotional statements, like “I guess I wasn’t paying attention” or “I should have been more careful.” Stores will use statements like these to reduce their liability, and therefore, the amount that they owe you.
• Make sure to ask for a copy of the report before you leave, and go to the hospital right away. Immediate treatment is crucial to your recovery, but it will also establish that your injuries were a direct result of the accident.
• Keep your medical records in a safe place with other evidence, like approved days off of work, value of lost property, and witness statements.
• Contact a personal injury lawyer for advice on how to proceed with your claim.

How to File an Employee Injury Claim

Filing a workplace injury claim as someone that works for Kirkland’s is vastly different than suing the store as a guest or visitor. In this situation, you are filing a claim for benefits which are provided by the State of California. Known as a workers’ compensation claim, this is a guaranteed form of payment for anyone who was injured during the course of employment.

You are entitled to these benefits even if your accident can’t be blamed on someone else’s negligent conduct. There are exceptions that will exclude form payment, but these involve extreme circumstances, like being injured from an accident that you caused by being under the influence.

To apply for workers’ comp, talk to your employer immediately to initiate a claim, which they will need to do through their insurance company. You actually have 30 days to report your accident, but it’s in your best interest to do this right away. Your supervisor, HR department, etc., will tell you which doctor to go to for treatment and diagnosis of your injuries. In addition, you will need to fill out paperwork that will be reviewed by the insurance company. If everything goes smoothly, you should start to receive weekly payments within 2 to 3 weeks.

Some cases are more complicated than others, and as a result, you may have questions that require advice from a workplace accident attorney. You may also have the right to sue an individual or entity other than your employer, which is known as a third party lawsuit. Perhaps you got hurt due to faulty installation by a contractor or from a product with a mechanical defect. In cases of negligence by a third party, we can help you file a lawsuit along with a WC claim, thereby maximizing the amount you can receive after an accident at your job.

FAQ’s about Suing Kirkland’s for being Injured at the Store

What is the average value of a Kirkland’s store accident case?

A Kirkland’s store injury claim may be worth between $15,000 to over $3,000,000, so in reality, there is no such thing as average value for these cases. Based on our record of settlements over the past few years, $125,000 to $2,000,000 is the closest estimate in terms of average case values. But your own accident claim may be settled for an amount that’s lower or higher than what we’ve quoted here.

Ultimately, the degree of injury and what they take away from your life are the most important issues, no matter what type of accident you had. However, there are many other factors that contribute to the amount you can receive as a victim of careless or reckless conduct. If you would like to discuss the amount you can potentially recover from a Kirkland’s accident injury case, don’t hesitate to give us a call.

How long do these cases take to settle?

For the most part, premises liability claims against major retailers take 6 to 10 months to settle. If your injuries are relatively minor, you may reach a settlement within the first few months, maybe even the first few weeks. But a lot of accidents at home goods stores result in serious, long-term health issues, and that’s why the majority of cases we handle take longer than 6 months from start to finish. If you have sustained severe injuries like spinal cord damage and loss of function in the limbs, settling a lawsuit against Kirkland’s can take 1 to 2 years, and even longer if we need to try your case in court.

Is there a deadline to file a lawsuit?

Yes, there is a 2-year statute of limitations to file a personal injury lawsuit against Kirkland’s or any other business in the state of California. There are instances where you may be granted additional time by the court system, but these are rare cases involving exceptional circumstances. Thus, we recommend that you start the claims process immediately by contacting an attorney at our office.

Please note that WC claims for Kirkland’s employees must be filed within 1 year from whenever the accident occurred. This is much shorter than the deadline for a personal injury lawsuit, so please don’t delay in completing the paperwork and reaching out to us if you have any questions or concerns.

Contact a Store Accident Injury Attorney

Being in an accident is unpleasant enough, but the process of obtaining compensation can be frustrating and overwhelming for the average victim. Let us take that burden off your shoulders while you focus on recovering from your injuries. The personal injury lawyers of Normandie have been fighting for the rights of accident victims for several decades. With one of our attorneys by your side, you can be sure of receiving every penny you deserve from an accident claim against Kirkland’s Home store.

The Zero Fee Guarantee is a policy that provides free legal services to those who are injured by someone else’s negligence. Instead of charging you for our expenses, we ask for legal fees to be paid by Kirland’s as a part of your settlement check. In essence, we don’t make a penny unless you do, so there’s nothing to lose by hiring us to represent you in a Kirkland’s store injury claim.

Contact our law firm and schedule a free case evaluation if you or your loved one had an accident at any of the following Kirkland’s locations.

• Jess Ranch Marketplace, 19105 Bear Valley Road Suite B, Apple Valley, CA 92308
• Chino Spectrum Marketplace, 4042 Grand Ave, Chino, CA 91710
• Clovis Crossing, 1295 Herndon Avenue, Suite 103, Clovis, CA 93612
• Laguna Crossroads, 7707 Laguna Blvd, Elk Grove, CA 95758
• Palladio Center, 260 Palladio Parkway, Suite 1019, Folsom, CA 95630
• Palm Court, 17052 Slover Ave., Suite J101, Fontana, CA 92337
• Villagio Shopping Center, 7891 N. Blackstone Avenue, Fresno, CA 93720
• Pacheco Pass, 950 Renz Lane, Suite 50, Gilroy, CA 95020
• Vernola Marketplace, 6333 Pat’s Ranch Road, Jurupa Valley, CA 91752
• Lake Elsinore Marketplace, 29229 Central Avenue, Suite B, Lake Elsinore, CA 92532
• Shops at Livermore, 3056 West Jack London Blvd., Livermore, CA 94551
• Stoneridge Towne Center, 27210 Eucalyptus Ave, Moreno Valley, CA 92555
• Antelope Valley Mall, 1247 Rancho Vista Blvd., Palmdale, CA 93551
• Mountain Grove at Citrus Plaza, 27451 San Bernardino Avenue, Redlands, CA 92374
• Monte Vista Crossing, 2733 Countryside Dr., Turlock, CA 95380
• Nut Tree Retail Center, 1641 E. Monte Vista Avenue, Suite I-101, Vacaville, CA 95688

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