Lowe’s is one of the world’s largest chain stores filled with retail home improvement merchandise and appliances, making that “DIY” project you have been wanting to do finally possible. But, as you walk down its isles, there are many hazards that could cause injury to you or your loved ones. For example, merchandise could fall on your head, or you could suddenly slip and fall on sawdust, water, or any other hazard that should have been and was not properly cleaned up and made safe. In this unfortunate situation, our Fort Lauderdale slip and fall attorney understands that people often fail to realize that they have legal rights to sue under Florida law. Under Florida law, the owner of a property is responsible for maintaining a premise or property in a reasonable condition free of hazards. Accident victims can sue Lowe’s under a theory of negligence defined in Florida Statute 768.0755.
Florida law requires proving four elements:
- The property owner or manager owed you a duty of care
- The property owner or manager breached the duty of care owed to you
- This breach caused you to suffer injuries
- Actual damage resulted to you
The law states that if a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:
- The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
- The condition occurred with regularity and was therefore foreseeable, or
- Employees in close proximity to the condition prior to your fall.
CAUSES OF INJURIES AT LOWE’S
There are many potential hazards that could cause injury while being at Lowe’s. A few examples of these potential injuries could be caused by:
- Wet or slippery floors
- Sawdust or screws left on its floors
- Unkept and messy entrances and exits
- Uneven mats and rugs
- Improper and unsecured store merchandise
- Forklift accidents
- Lack of employee training, hiring, and or supervision
- Poorly maintained parking lot areas
- Failing to put signs near hazardous areas so customers can avoid them
- Failing to provide adequate lighting
TYPES OF SLIP AND FALL INJURIES
As a result of being injured by Lowe’s negligence, it is likely that you will have serious concerns as to costly medical treatment that follows those injuries. Injuries we typically see after cases like this are:
- Hip Fractures
- Head Injuries
- Back and Neck Injuries
- Broken Bones
- Sprain and Fractures
- Shoulder and Arm Injuries
- Knee tears and injuries
PAST LOWE’S SETTLEMENTS AND VERDICTS
Below are some examples from actual premises liability lawsuits that were filed against Lowe’s.
- Florida, $75,000 settlement: While a woman shopped at Lowe’s, she slipped on debris and alleged that the cause of her injuries was a result of the negligence of Lowe’s employees’. Lowe’s denied liability but ended up settling for $75,000.
- Florida, $194,000 settlement: As a result of being pierced by a rusty concrete wire mesh, a plaintiff developed severe infection in their finger that resulted in amputation. Lowe’s blamed the defendant for not seeking medical attention in a reasonable amount of time after having an obvious and open wound. While the plaintiff was found 40% at fault for the incident, they were still rewarded with $194,000.
- Florida, $672,000 settlement: The plaintiff was working on construction near Lowe’s, and while working, a Lowe’s employee threw a tie cleat over a truck filled with lumber and struck the plaintiff in the head, which resulted in the plaintiff receiving a traumatic brain injury and became permanently disabled. Lowe’s settled for $672,000.
HOW CAN I FILE A CLAIM FOR INJURIES AGAINST LOWES?
If you have become injured in a Lowe’s store,THE FIRST STEP IN RECEIVING THE COMPENSATION YOU DESERVE IS PICKING UP THE PHONE ANDCALLING WORKMAN INJURY LAW AT 954.361.3997 AT NO COST. Do not allow a store employee try to convince you that the store is not liable for your injuries and never sign a release form that exonerates Lowe’s, or any hardware store for negligence. Make sure to file a Lowes incident report, and if there were witnesses to your accident, make sure to collect contact information. It is also important that you document and take photos and videos of both the scene of your accident and of the injuries you sustained.
TYPES OF COMPENSATION YOU MIGHT RECEIVE
Here at Workman Injury Law, we will evaluate your case, assist in getting you the treatment you need, gather evidence, and establish liability. We treat your case with the personalized attention it deserves, and continuously fight to get you the compensation you deserve. Our goal is to make the recovery process go as smoothly as possibly while you treat for injuries. Upon full treatment, we will send out a demand letter to the insurance company for the store and negotiation on your behalf. If we are unable to agree upon a fair settlement, we will file a lawsuit to help you get compensated. We will fight for you to get maximum compensation for the following:
- Lost Wages/Future Earnings
- Hospital & Medical Expenses
- Future Medical Costs
- Loss of Enjoyment of Life
- Emotional Distress
- Pain and Suffering
TAKE CHARGE OF YOUR FUTURE AND CALL WORKMAN INJURY LAW TO LET US FIGHT FOR YOU
At Workman Injury Law, our job is to fight for you to get the compensation you deserve and help you get back on your feet. We only represent injured individuals, and we will stand by your side every step of the way. Attorney Devon Workman has handled hundreds of premise liability cases and knows what is needed to get you the best possible settlement. If you have become injured in a Lowe’s store, call 954.361.3997 or fill out our online contact form to speak with Florida personal injury lawyer Devon Workman at no cost.