Home Depot is America’s largest home improve chain, with over 2,300 stores throughout North America. These stores are well known for their huge selection of construction supplies, tools, home décor, appliances, and various home improvement services. However, there’s no denying that the layout of these stores and the type of merchandise they carry pose a high risk of injuries for customer and workers. To keep people safe, the company has a duty of care to fix or remove dangerous conditions on their property. When they fail to take care of these issues, accidents can occur in many areas of the store, including the public bathroom.
Were you injured while using the bathroom at a Home Depot store? Depending on the circumstances of your accident, you may have grounds to sue the company for your slip and fall accident. Before doing so, you will need to understand your legal rights and the steps you must take to succeed in a premises liability case against the retailer. Normandie Law Firm has the skill and experience you need, so please take some time to speak with a slip and fall Home Depot bathroom lawyer at our office.
How Dangerous is a Slip and Fall?
Fall-related accidents tend to be underestimated by the general public, but these cases are much more dangerous than you think. Here are some eye-opening facts about the slip and falls that you may not be aware of:
- Around 95% of all hip fractures are due to a slip and fall accident.
- Accidents involving falls (slip and fall, trip and fall, etc.) are the leading cause of traumatic brain injuries.
- Over 800,000 people are hospitalized every year from an unexpected fall.
- On a yearly basis, fall-related accidents are responsible for over 8 million emergency room visits; 3 million of these are elderly patients (over the age of 60).
Public bathrooms are an extremely common place for these accidents, which makes sense. People are in and out all day long, using water and soap, which can end up on the floor. Even paper towels carelessly dropped on the ground can cause someone to slip and fall down. Plumbing issues, including leaking sinks, pipes, and toilets, are another source of bathroom slip and falls.
Those who are disabled are especially vulnerable to injuries, which is why handicap stalls have specific safety requirements. According to the Americans with Disabilities Act (ADA), there are guidelines for the placement of flush controls, toilet paper, grab bars, and anything else that the user will need. Failure to comply with these guidelines can easily result in a slip and fall accident.
Injuries from a Public Bathroom Slip and Fall Accident
Due to the hard surfaces and objects that are in a public bathroom, a slip and fall in this part of the store can cause many serious injuries, such as:
- Collarbone / shoulder fracture
- Concussion
- Traumatic brain injury
- Fractured ribs
- Broken tailbone
- Hip fracture
- Pelvic fracture
- Injury to the neck and/or spinal cord
- Wrist / hand sprain
- Broken fingers / toes
- Broken facial bones
- Dental injuries
- Torn ligaments and tendons
- Knee injury
- Sprained ankle
- Broken bones in the hands and feet
- Deep lacerations
- Internal bleeding
- Permanent scars
- Loss of function in the limbs
- Paralysis
Even if you don’t feel that bad, please don’t delay in seeing a doctor. Some injuries are not obvious right away, but they quickly get worse and are much harder to treat as the days go by. Another concern is the need to establish proof of the injuries you’ve suffered as a direct result of the accident. If you don’t seek medical attention immediately, Home Depot will question whether your injuries were caused by the accident or from something else.
Calling an attorney is another essential step in your recovery process. Learning about your legal rights and filing an injury claim right away is the best to cover the costs associated with your accident.
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Can I Sue Home Depot if I was Hurt in one of their Bathrooms?
Yes, you may be eligible for monetary compensation from Home Depot if their negligence or misconduct caused you to be injured in the store’s bathroom. What does this mean in the legal sense? Negligence by a commercial property can be determined by the following elements:
- You were a valid guest or visitor on the premises, and as a result, Home Depot owed you a duty of care while you were on the property.
- The store acted in an unsafe manner, or neglected to take care of a situation that could lead to an accident.
- This act of negligence is directly responsible for causing your accident.
- The accident caused you bodily injuries and emotional trauma, which gives you the right to file a lawsuit against the store.
These factors provide the foundation you will need to seek monetary compensation for a Home Depot bathroom accident. However, it will take much more work to gather evidence and put together a solid case for your damages. Contact our office to take immediate action on your claim and recover the payment you deserve.
Average Case Value for a Bathroom Slip and Fall
The value of a slip and fall accident case is made of up various damages, which will compensate you for the economic and emotional losses associated with your accident. These losses vary from person to person, but in general, they include:
- Current and future medical expenses
- The severity of your bodily and emotional injuries
- Lost wages from missed time at work
- Future lost wages if you are disabled / unable to perform your job duties
- PTSD and other mental health issues from the trauma of your accident
- Any shared responsibility in the accident
- The type and degree of negligence by the liable party
When you consider all the relevant factors, these cases are valued at around $350,000 on average. Minor injury cases may be settled for $50,000 or less, while the most severe cases can bring in over $1million in damages. This is based on our own experience with slip and fall lawsuits, as well as national averages for accidents at major retail properties. Keep in mind that these are only estimates, and your own slip and fall case may be worth more or less. If you’re interested in learning about the value of your Home Depot bathroom injury claim, don’t hesitate to give us a call.
Is there a Time Limit to File a Slip and Fall Lawsuit?
Yes, the state of California allows two years for you to bring a legal action for a slip and fall accident. The timeline starts from the date of your accident, though some injuries may not be detected until a later date. In that case, you will have two years from the date you discover an injury to file a lawsuit against the responsible parties. Keep in mind that the statute of limitations is rarely waived, meaning if you don’t file your claim within two years, you will most likely lose the right to sue Home Depot for your injuries.
How long do these Cases take to Settle?
A slip and fall injury case can take anywhere from several months to a few years to settle. One of the biggest factors in a case timeline is the extent of your injuries, which can be very serious in a slip and fall accident. Mild to moderate injury claims may be settled within 4 to 8 months, maybe sooner depending on how fast we hear back from Home Depot. But more serious injury cases generally take longer, perhaps 12 to 18 months. These timelines, by the way, apply to the amount of time it may take to negotiate a settlement with Home Depot’s insurance company. If we are unable to agree on the compensation you are owed, a lawsuit will be necessary, which can take two years or more to resolve.
What can I do if I’m not Happy with my Current Lawyer?
It’s not unusual for clients to be unhappy with their attorneys from time to time, and this may be due to personal issues that can be worked out with an honest conversation. But what if you feel like your attorney isn’t putting in the time and attention that your case deserves? What if you’re unhappy with your settlement offer, but your lawyer is pressuring you to settle?
Our law firm can assist you with these, and many other issues that you may be having with your lawyer. All you have to do is give us a call and schedule a free second opinion consultation. We will provide you with an objective review of your case and advise you on the strategies we can use to settle your claim. If you’re interested in switching your lawyer, we will contact your current law firm and take care of the entire transfer process. If you decide to keep your lawyer, there is absolutely no charge for the consultation, so there’s no loss to you either way.
Free Case Evaluation with the Lawyers of Normandie
Slip and fall accidents are known for causing devastating injuries, which can affect many areas of a person’s life. Major retailers like Home Depot have the highest duty of care to prevent such accidents on their premises. When they are negligent in their duty, they must be held accountable for the victim’s physical and mental injuries.
Here at Normandie, we have lawyers with decades of experience in personal injury and wrongful death claims involving slip and fall accidents. We are more than ready for the challenge of fighting for your damages and recovering the full value of your losses. To ensure that your finances are never at risk, we will pay for the all the costs associated with your lawsuit. That means you pay nothing upfront, and the only way we make back our expenses is by winning your case.
For more information on your right to sue as a slip and fall injury victim, schedule a free case review by contacting our office.
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