Joe I. Zaid & Associates is committed to representing the rights of the injured both in Texas, and across the nation.

Free Case Consulation

AS FEATURED ON
Trust ReefTrust Reef

When we walk into a store, we generally expect a safe shopping experience. Most of us don’t think twice about the possibility of having an accident like a slip and fall. However, accidents can happen anywhere, even in well-known retail chains like Home Depot.

In this article, we take a detailed look at a particular case of a slip and fall accident at a Home Depot store in Spokane Valley, Washington, explaining the legal proceedings in simple terms. This case highlights the importance of store safety and what can happen if those standards are not met.

The Incident

On a sunny afternoon in July 2011, Theresa (the plaintiff) decided to visit her local Home Depot store. The accident occurred in the Garden Department of a Home Depot store located at 5617 E. Sprague Avenue in Spokane Valley, Washington. The shopper, Theresa Steffen, slipped on a puddle of water and sustained serious injuries, necessitating two surgeries.

This unfortunate incident led Theresa to file a lawsuit against Home Depot, claiming that the store was negligent in failing to keep the premises safe for its customers.

Theresa’s lawsuit was taken seriously, and the case went before the United States District Court for the Eastern District of Washington. The central legal question was whether Home Depot was responsible for the hazardous condition that led to Theresa’s accident.

Home Depot’s Argument

Home Depot argued for a motion for summary judgment, which is a request to the court to rule that the other party has no case because there are no facts at issue. Essentially, Home Depot’s defense was that the presence of water on the floor was not sufficient evidence of a hazardous condition. They argued that water alone does not pose a hazard unless combined with other substances that make the floor slippery.

Theresa’s Counter Argument

Theresa and her legal team countered that the water on the floor created a dangerous condition, especially since an employee had just watered the plants and was in the process of cleaning the water. They argued that Home Depot failed to maintain a safe environment, failed to warn her of the potential danger, and did not rectify the situation in time to prevent her fall.

Key Factors in This Case

Based on the case details, it appears that Steffen may have a viable case. The court denied Home Depot’s motion for summary judgment, indicating that there are factual issues that need to be resolved by a jury.

Key factors supporting the viability of her case include:

  1. Location and Circumstances of the Fall: The fall occurred in an indoor plant section of the store where an employee had recently watered plants and was in the process of removing excess water from the walking area. This suggests that Home Depot was aware of the potential hazard.
  2. Presence of Water: The only substance Steffen allegedly slipped on was water. Home Depot confirmed this and did not dispute the presence of water on the floor.
  3. Evidence of a Dangerous Condition: Steffen provided evidence through her expert, Joellen Gill, that the coefficient of friction on the wet cement floor was below the threshold generally considered safe for walking surfaces. This suggests that the wet floor may indeed have been in a hazardous condition at the time of her fall.
  4. Expert Testimony and Opinions: Gill, a human factors engineer and certified safety professional, provided expert testimony indicating that the slip resistance of the floor where Steffen fell was well below safe levels when wet. Her report contributed to establishing that there might have been a dangerous condition that Home Depot failed to address properly.
  5. Lack of Warning Signs: Steffen does not recall seeing any caution or warning signs regarding the wet floor prior to her fall, which could indicate a failure on the part of Home Depot to adequately warn customers about the potential hazard.
  6. Legal Standards and Precedents: The court applied principles from the Restatement (Second) of Torts and relevant state law, which impose a duty on property owners to ensure safe conditions for invitees. The duty includes inspecting for dangerous conditions and taking appropriate action to rectify them, which in this case could mean drying the floor or providing adequate warning signs.

Court’s Decision

After reviewing all evidence and hearing arguments from both sides, the court denied Home Depot’s motion for summary judgment. The judge ruled that whether the water on the floor constituted a dangerous condition was a question that should be decided by a jury. This decision meant that Theresa’s claims were valid enough to warrant a trial, dismissing Home Depot’s claim that water on the floor was not inherently dangerous.

Expert Opinions

Both sides presented expert opinions regarding the slipperiness of the floor when wet. Theresa’s expert tested the floor’s slip resistance and found it to be below the standard safety levels when wet, which supported her claim that the floor was indeed hazardous.

This case highlights the complexity of premises liability and the importance for stores to maintain safe conditions for all customers. If you’ve experienced a similar incident, it is crucial to understand that businesses have a responsibility to ensure their premises are free from hazards.

If you or someone you know has been injured in a Home Depot or any other store due to negligence, it’s important to seek legal help. Contact Joe Zaid & Associates, a law firm with extensive experience in handling Home Depot injury claims. Our team is dedicated to helping you secure the compensation you deserve.

Remember, your safety is paramount, and legal professionals like Joe Zaid & Associates are here to help protect your rights. Don’t hesitate to reach out if you find yourself in a similar unfortunate situation.


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.

Pasadena Office

4710 Vista Rd. Suite E
Pasadena, Texas 77505

Clear Lake Office

16821 Buccaneer Ln #226
Houston, TX 77058

Humble Office

5616 Farm to Market 1960 Road East
Suite 290D
Humble, Texas 77346

Get a FREE consultation with an Experienced Attorney

Need help with your case? Get a one-on-one consultation with an experienced attorney.  Simply fill out the form below for a call back.