injured at Home Depot (need legal advice)

dmfitz82 · 10-26-2006, 12:50 PM

I was shopping at Home Depot last Friday night and had a little misfortune... I was next to the shopping cart when a 1/2 in. 2ft x 4ft piece of plywood which was loaded vertically on the orange cart slipped off the cart and fell down vertically onto my big toe on my left foot. If the cart had some metal extrusions running along each edge, there would have been no way that the wood could have slipped off... The wood was loaded on the cart correctly - there wasn't any user error there...

Anyway, the damage done was that the toe nail was completely pulled out, ended up having to get stiches in the toe bed (part under toe nail), and also broke the tip of the toe in several places. I spent 5 hrs in the ER Friday night, and am just having to deal with the slow healing process now...

Do I have any legal case against Home Depot for a safety issue with the carts (when they could be improved upon to ensure greater safety)? Or, am I blowing the whole thing out of proportion and should just suck it up and wait for my toe to heal...

I did get a call from a Home Depot claims adjustor - informing that they would by no means at all assume any form of liability. They did hint that they "may" pursue the company who actually rents the carts to Home Depot for some type of settlement money...

I do a lot of home projects and by no means hate Home Depot - I just would like to see them implement a simple precautionary measure to ensure safety to its customers.

BTW - I don't have a lot of cash hanging around for court battles, so am I barking up the wrong tree here?
Thanks in advance for reading and for any constructive advice.

MrSilver · 10-26-2006, 12:56 PM

I hate lawyers.

Juggs · 10-26-2006, 01:00 PM

well i think u can sue for your medical costs at best. unless you suffered some sort of mental duress or if you lost or job or something, i doubt u could get any more compensation.

your best bet, get a lawyer and try to get HD to settle with you for your medical costs + lost wages for not being able to work for ____ ( insert your recovery time here).

Scarabeo · 10-26-2006, 01:21 PM

Everything comes down to a lawsuit nowadays in the US...you hurt your bloody toe because you did something stupid like dropping a piece of plywood on your foot...please, call an ambulance chaser...I have used those carts without any problems...

dmfitz82 · 10-26-2006, 01:25 PM

^^ Easy I didn't necessarily say I was going to sue them - I just posted this to get constructive feedback. Opinion noted though - thanks.

txusa03 · 10-26-2006, 02:21 PM

Quote:

Originally Posted by dmfitz82

I was next to the shopping cart when a 1/2 in. 2ft x 4ft piece of plywood which was loaded vertically on the orange cart slipped off the cart and fell down vertically onto my big toe on my left foot. If the cart had some metal extrusions running along each edge, there would have been no way that the wood could have slipped off... The wood was loaded on the cart correctly - there wasn't any user error there...

Just my observation: I spent a good amount of time at HD. I noticed so many ppl using the cart wrong. They load up things incorrectly, sometime half the items are hanging over the cart. I am surpise there is not a whole lot more accident.

Back to your issue. If the cart had some sort of metal extrusions running along each edge, then it would not be practical for ppl to push heavy item onto the cart with the metal extrusions in the way. If the item is heavy enough to cause injury to your big toe, it should not have slide off easily if placed correctly and firmly center on the cart. I was not there and I don't know you so I cannot really tell. You can built the safest cart for HD and there will still be accidents. It is unavoidable. Also, there are signs in HD that remind everyone to ask for help for heavy items or items on high shelf. I feel HD is not at fault here.

I do not work for HD. GL with recovery and whatever you decide to do with the case.

dmfitz82 · 10-26-2006, 03:00 PM

thanks for the comments...

rwwong · 10-26-2006, 03:07 PM

Home Depot's Quality Assurance/Claims Department should work with you to cover your medical bills. As far as suing, it's probably not worth it. Also, I'm sure they will look into your concern over the carts. Retailers take these things very seriously, don't think they are taking light of your situation.

dmontic71 · 10-26-2006, 05:00 PM

Forget about trying to assess how home depots carts should be... Bottom line, you got hurt on their premises by their stuff- there is a good chance they have liability (unless you contributed to the accident).

Claims adjuster= negotiator. He has X amount of money he can spend to make you go away. You can either negotiate directly with them, or get a lawyer. The difference with having the lawyer is they will do a better job at it than you.

It all depends on how much you really think you should get over and above medical costs...

bavarian19 · 10-26-2006, 05:33 PM

Dont waste our legal systems time... Werent you in control of the plywood at the time???

Then whose damn fault was it that it fell off??? Not the cart, not Home Depot... YOU....

canucklion · 10-26-2006, 05:34 PM

I hope no one ever slip on your front lawn by accident and sue your ass off

dmontic71 · 10-26-2006, 05:46 PM

Show me the money!!!!

dmontic71 · 10-26-2006, 05:53 PM

Quote:

Originally Posted by bavarian19

Dont waste our legal systems time... Werent you in control of the plywood at the time???

Then whose damn fault was it that it fell off??? Not the cart, not Home Depot... YOU....

Liebeck vs. McDonalds Restaurants...

Old lady buys a hot cup of coffee & spills it on herself causing burns= $480,000. to Ms. Liebeck. Oh, and yeah she was in control of the coffee...

flush01 · 10-26-2006, 07:32 PM

Quote:

Originally Posted by txusa03

Just my observation: I spent a good amount of time at HD. I noticed so many ppl using the cart wrong. They load up things incorrectly, sometime half the items are hanging over the cart. I am surpise there is not a whole lot more accident.

Back to your issue. If the cart had some sort of metal extrusions running along each edge, then it would not be practical for ppl to push heavy item onto the cart with the metal extrusions in the way. If the item is heavy enough to cause injury to your big toe, it should not have slide off easily if placed correctly and firmly center on the cart. I was not there and I don't know you so I cannot really tell. You can built the safest cart for HD and there will still be accidents. It is unavoidable. Also, there are signs in HD that remind everyone to ask for help for heavy items or items on high shelf. I feel HD is not at fault here.

I do not work for HD. GL with recovery and whatever you decide to do with the case.

i agree with this dude

andrew 330i · 10-26-2006, 07:44 PM

~ if they pay your medical bills... you should be happy & satisfied... as an end result.

good luck with the toe... its the smallest body parts that create the most pain.

Scarabeo · 10-27-2006, 12:25 AM

Quote:

Originally Posted by dmontic71

Forget about trying to assess how home depots carts should be... Bottom line, you got hurt on their premises by their stuff- there is a good chance they have liability (unless you contributed to the accident).

Claims adjuster= negotiator. He has X amount of money he can spend to make you go away. You can either negotiate directly with them, or get a lawyer. The difference with having the lawyer is they will do a better job at it than you.

It all depends on how much you really think you should get over and above medical costs...

Let's not forget the emotional distress of losing your toenail - that should be worth a cool million...

ScotyH · 10-27-2006, 06:40 AM

Sounds painful. Shit happens though.

Suck it up Princess.

txusa03 · 10-27-2006, 07:46 AM

give our op a break. Just looking for inputs. Chill...just remember, money don't rule the world! Well, not that I know cuz i aint rich

dmfitz82 · 10-27-2006, 08:27 AM

^^ Thanks for your comments - I was just looking for opinions... Never been hurt before at a store...

txusa03 · 10-27-2006, 08:32 AM

we all pay for the price at the end. Everytime you sue, the end result is we consumer will eventually pay for it. Insurance premium goes up, ppl cannot afford to buy insurance. I am just thankfull I can still walk, breath, chat on e90post, and drive a very nicel e90.

10-26-2006, 12:50 PM	#1
dmfitz82 Private First Class 7 Rep 128 Posts Drives: Jet Black 325i Join Date: Jun 2006 Location: Florida iTrader: (0) Garage List 2006 325i [0.00]	injured at Home Depot (need legal advice) I was shopping at Home Depot last Friday night and had a little misfortune... I was next to the shopping cart when a 1/2 in. 2ft x 4ft piece of plywood which was loaded vertically on the orange cart slipped off the cart and fell down vertically onto my big toe on my left foot. If the cart had some metal extrusions running along each edge, there would have been no way that the wood could have slipped off... The wood was loaded on the cart correctly - there wasn't any user error there... Anyway, the damage done was that the toe nail was completely pulled out, ended up having to get stiches in the toe bed (part under toe nail), and also broke the tip of the toe in several places. I spent 5 hrs in the ER Friday night, and am just having to deal with the slow healing process now... Do I have any legal case against Home Depot for a safety issue with the carts (when they could be improved upon to ensure greater safety)? Or, am I blowing the whole thing out of proportion and should just suck it up and wait for my toe to heal... I did get a call from a Home Depot claims adjustor - informing that they would by no means at all assume any form of liability. They did hint that they "may" pursue the company who actually rents the carts to Home Depot for some type of settlement money... I do a lot of home projects and by no means hate Home Depot - I just would like to see them implement a simple precautionary measure to ensure safety to its customers. BTW - I don't have a lot of cash hanging around for court battles, so am I barking up the wrong tree here? Thanks in advance for reading and for any constructive advice. __________________ 325i Jet Black on Black interior, Alum trim, ZSP, NAV, Step, Xenons.
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10-26-2006, 12:56 PM	#2
MrSilver Judge Advocate General 100 Rep 1,128 Posts Drives: e92 335i Join Date: Apr 2006 Location: Buffalo, New York iTrader: (0) Garage List 2007 e92 335i [0.00]	I hate lawyers. __________________ '07 E92 335i "Over-Heating" and "Blowing Up" since 9-5-06 6MT, Space Gray, Gray w/ Dakota Leather, Dark Burl, ZSP, ZPP, ZCW Comfort Access, Sirius Satellite (Howard is not optional) '07 X3 3.0si - Black on Black, ZPP, ZCW, Step. - Wife's car
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10-26-2006, 01:00 PM	#3
Juggs Bavarian Motor Werks Fanatic 148 Rep 245 Posts Drives: BMW 325i sport Join Date: Oct 2006 Location: Dallas iTrader: (1)	well i think u can sue for your medical costs at best. unless you suffered some sort of mental duress or if you lost or job or something, i doubt u could get any more compensation. your best bet, get a lawyer and try to get HD to settle with you for your medical costs + lost wages for not being able to work for ____ ( insert your recovery time here).
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10-26-2006, 01:21 PM	#4
Scarabeo Private First Class 5 Rep 172 Posts Drives: E90 Join Date: Oct 2005 Location: Milan, Italy iTrader: (0)	Everything comes down to a lawsuit nowadays in the US...you hurt your bloody toe because you did something stupid like dropping a piece of plywood on your foot...please, call an ambulance chaser...I have used those carts without any problems...
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10-26-2006, 01:25 PM	#5
dmfitz82 Private First Class 7 Rep 128 Posts Drives: Jet Black 325i Join Date: Jun 2006 Location: Florida iTrader: (0) Garage List 2006 325i [0.00]	^^ Easy I didn't necessarily say I was going to sue them - I just posted this to get constructive feedback. Opinion noted though - thanks. __________________ 325i Jet Black on Black interior, Alum trim, ZSP, NAV, Step, Xenons.
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10-26-2006, 03:00 PM	#7
dmfitz82 Private First Class 7 Rep 128 Posts Drives: Jet Black 325i Join Date: Jun 2006 Location: Florida iTrader: (0) Garage List 2006 325i [0.00]	thanks for the comments... __________________ 325i Jet Black on Black interior, Alum trim, ZSP, NAV, Step, Xenons.
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10-26-2006, 03:07 PM	#8
rwwong Captain 115 Rep 626 Posts Drives: 2006 330i, 2008 Jeep Hemi Join Date: Mar 2006 Location: Minneapolis iTrader: (0) Garage List 2006 330i [0.00]	Home Depot's Quality Assurance/Claims Department should work with you to cover your medical bills. As far as suing, it's probably not worth it. Also, I'm sure they will look into your concern over the carts. Retailers take these things very seriously, don't think they are taking light of your situation.
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10-26-2006, 05:00 PM	#9
dmontic71 Lieutenant 28 Rep 520 Posts Drives: 2012 F30 Join Date: Sep 2006 Location: Tampa, FL iTrader: (0) Garage List 2012 BMW 328i [10.00] (retired) 2009 528i [10.00] (retired) 2006 325i [10.00] (retired) 2002 325ci [10.00]	Forget about trying to assess how home depots carts should be... Bottom line, you got hurt on their premises by their stuff- there is a good chance they have liability (unless you contributed to the accident). Claims adjuster= negotiator. He has X amount of money he can spend to make you go away. You can either negotiate directly with them, or get a lawyer. The difference with having the lawyer is they will do a better job at it than you. It all depends on how much you really think you should get over and above medical costs... __________________ 2012 F30 328i, Melbourne Red, Premium, Sportline, Steptronic, Xenon, Harmon Kardon.
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10-26-2006, 05:33 PM	#10
bavarian19 General 523 Rep 18,858 Posts Drives: Car Join Date: Mar 2005 Location: VA iTrader: (23)	Dont waste our legal systems time... Werent you in control of the plywood at the time??? Then whose damn fault was it that it fell off??? Not the cart, not Home Depot... YOU....
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10-26-2006, 05:34 PM	#11
canucklion pull my finger to get your kinder® surprise 148 Rep 10,455 Posts Drives: circles around you Join Date: Dec 2005 Location: Toronto, Canada iTrader: (9)	I hope no one ever slip on your front lawn by accident and sue your ass off __________________
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10-26-2006, 05:46 PM	#12
dmontic71 Lieutenant 28 Rep 520 Posts Drives: 2012 F30 Join Date: Sep 2006 Location: Tampa, FL iTrader: (0) Garage List 2012 BMW 328i [10.00] (retired) 2009 528i [10.00] (retired) 2006 325i [10.00] (retired) 2002 325ci [10.00]	Show me the money!!!! __________________ 2012 F30 328i, Melbourne Red, Premium, Sportline, Steptronic, Xenon, Harmon Kardon.
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10-26-2006, 07:44 PM	#15
andrew 330i it can never be too clean... 165 Rep 1,100 Posts Drives: 2014 F31 M Sport Wagon Join Date: Apr 2006 Location: columbus, ohio iTrader: (1)	~ if they pay your medical bills... you should be happy & satisfied... as an end result. good luck with the toe... its the smallest body parts that create the most pain. __________________ '14 328xi wagon / m sport / white / red leather kw v1 coilover kit / 19" staggered 351 M double spoke wheels / upper strut bar / sport line grille & exhaust tips / 50% tint / painted reflectors / debadged / complete clear bra
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10-27-2006, 06:40 AM	#17
ScotyH Bimmer me up 19 Rep 340 Posts Drives: 08 M3, 2010 GTR Join Date: Sep 2005 Location: Edmonton,AB iTrader: (0)	Sounds painful. Shit happens though. Suck it up Princess.
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10-27-2006, 07:46 AM	#18
txusa03 Major General 556 Rep 6,563 Posts Drives: TS330iPPSP6MT Join Date: Jul 2005 Location: Planet Earth iTrader: (3)	give our op a break. Just looking for inputs. Chill...just remember, money don't rule the world! Well, not that I know cuz i aint rich
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10-27-2006, 08:27 AM	#19
dmfitz82 Private First Class 7 Rep 128 Posts Drives: Jet Black 325i Join Date: Jun 2006 Location: Florida iTrader: (0) Garage List 2006 325i [0.00]	^^ Thanks for your comments - I was just looking for opinions... Never been hurt before at a store... __________________ 325i Jet Black on Black interior, Alum trim, ZSP, NAV, Step, Xenons.
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10-27-2006, 08:32 AM	#20
txusa03 Major General 556 Rep 6,563 Posts Drives: TS330iPPSP6MT Join Date: Jul 2005 Location: Planet Earth iTrader: (3)	we all pay for the price at the end. Everytime you sue, the end result is we consumer will eventually pay for it. Insurance premium goes up, ppl cannot afford to buy insurance. I am just thankfull I can still walk, breath, chat on e90post, and drive a very nicel e90.
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