When shopping at any store, we expect a safe environment. Unfortunately, accidents can happen, and understanding your rights is essential if you are injured because of a store’s negligence.
This article details a premises liability case involving Christopher, a shopper at Lowe’s in Highland Heights, Kentucky, who was injured during his shopping visit. This analysis aims to educate shoppers who might face similar situations.
The Incident
Christopher, who lives with multiple sclerosis and occasionally uses a cane, visited Lowe’s to buy some flooring for his condo. On the day of the incident, he felt stable enough to leave his cane in his shopping cart. As he tried to lift a heavy box of flooring from the shelf, he found it too heavy and lost his balance.
In his attempt to catch himself, he reached out and grabbed the shelf for support. Unfortunately, a screw protruding from the shelf pierced his hand, resulting in a significant injury.
Key Issues in the Case
- Dangerous Condition: Christopher claimed that the screw was lodged in such a way that it was protruding from the shelf, creating a dangerous condition. Lowe’s argued that the screw was merely resting on the shelf and was not a hazard.
- Negligence and Liability: Christopher’s lawsuit against Lowe’s centers on the claim that Lowe’s had allowed a dangerous condition to exist (the protruding screw) and had not taken adequate steps to ensure the safety of its customers, even though they should have been aware of the hazard.
- Causation: For Christopher to win his case, he must prove that the dangerous condition (the screw) directly caused his injuries. That is, his encounter with the screw was a substantial factor in causing the injury.
The Legal Perspective
Under Kentucky law, the store has a duty to ensure that its premises are safe for customers. If a customer is injured due to a dangerous condition that the store should have known about and remedied, the store can be held liable for the injuries sustained.
The court in this case decided not to grant Lowe’s summary judgment, meaning that Christopher’s claims were credible enough to warrant a trial where a jury could find that Lowe’s was indeed negligent.
How Christopher Might Win in Trial
- Proving the Dangerous Condition: If it can be shown that the screw was indeed protruding in a way that it posed a risk, and that Lowe’s staff had ample opportunity to remedy this risk before the incident, this strengthens Christopher’s case. Evidence such as photographs, witness statements, or expert testimony could be crucial.
- Establishing Negligence: Demonstrating that Lowe’s failed in their duty to ensure a safe shopping environment, such as showing that the store had no regular inspection procedures or ignored previous complaints about the shelf’s condition, could prove negligence.
- Linking the Condition to the Injury: Christopher must show a clear link between the screw and his injury. Medical reports, testimonies from doctors or experts, and the sequence of events leading to the injury will be crucial in proving this connection.
Injured at Lowe’s?
If you or a loved one have been injured in a store like Lowe’s, it’s important to know that you have rights. Store owners have a legal obligation to provide a safe environment, and if negligence on their part leads to injury, you might be entitled to compensation. It’s crucial to document everything, seek medical attention, and consult with a legal expert who specializes in premises liability.
At Joe I. Zaid & Associates, we have over 10 years of experience helping clients get the justice and compensation they deserve. If you’re facing a situation similar to Christopher’s, don’t hesitate to reach out to us for help.
Visit our pages on Lowe’s injuries, Premises Liability, Lowe’s Slip and Fall Claims, or Lowe’s Workers’ Compensation Claims for more information or call us directly at our offices in Pasadena, Humble, or Clear Lake, Texas.
Remember, your safety is paramount, and legal support can be your strongest ally in fighting for your rights and recovery.
More information about the case is available on Justia.
Disclaimer: This blog post describes a third-party case and is shared for informational purposes only. The outcomes and details of the case do not involve or reflect the work or results of our firm. For personalized legal advice or assistance, please consult with a qualified attorney.
