A woman is suing Home Depot after falling from a three step ladder provided to customers to access merchandise.
Marjorie Howard says that on April 10, 2008, she used a three step ladder at Home Depot that was made available for customer use to access merchandise stored on an overhead shelf when the ladder became unstable causing her to fall.
Howard asserts, among other things, that Home Depot was negligent when it "failed to provide adequate customer service so as to assist its customers in obtaining merchandise located at heights unreachable without the use of a step ladder or other device."
Read the complaint after the jump.
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16 Comments
JMHO said:
You've got to be kidding. If I'm not mistaken, over the PA system Home Depot has a recording warning customers not to use ladders or try to access merchandise on overhead shelves. I have a very limited understanding of the legal system, but suing because of inadequate customer service is a bit much. It's a warehouse for Pete's sake. When is common sense supposed to kick in?
JasonDar said:
Seems that $50K is the threshhold amounts for all these frivolous lawsuits, whether it be a fall at Brookfield Zoo, Home Depot or the train station. Obviously the shyster lawyers tell the clients to go for this amount, as the defendants will settle out of court, the shysters will get at least half and the "injured party" makes a quick little bundle, probably more money than they're ever had a one time in thier lives. Yep, let's hear for the legal profession.
Dawson08 said:
Let's play a game called educate those with legal opinions but no legal education. $50,000 is the threshold between separate divisions in which civil suits are filed in Cook County. In order to plead damages in excess of $50,000, one has to allege $50,000 and then file the case in Law Division. Also, you clearly have no clue how fees work in these cases. Yep, let's hear it for you Mr. I wish I had a Juris Doctor and knew what I was talking about. Instead, you are doing a great job at puzzling together together a legal opinion. Good luck in life. I'm at quarter tank right now, fill me up this afternoon, will ya?
JasonDar said:
I stand corrected. Thank you for sharing the information.
attyryba said:
Well said.
Moreover, (upon belief) Home Depot has a policy of maintaining as few employees on the sales floor as possible. Evidence of this policy can easily be witnessed any given day: HD employees are difficult to find, even if they're not grabbing a not-so-quick smoke out back. On weekends, when the store is most crowded, a patron may walk the entire store in search of someone who can answer a simple plumbing question. Furthermore, checking out—even at the self-checkout—can take twice as long as it had taken to find the pair of tin snips for which you made the trip in the first place.
So, (again upon belief) the Home Depot coupled this practice of under-service with a policy of strategically placing step ladders throughout the store. A voice over the intercom then warns customers "if you use the step ladders, we will not be held liable."
It amazes me that people will spew vitriol at the affected customer and offer their support to Home Depot's insurers.
Mare Swallow said:
Agreed. My problem with the big box stores is not just the lack of employees, but the LACK OF KNOWLEDGE. When I need a question answered, I go to a local True Value or Ace. Big box stores -- including a certain idiotic electronics retailer -- only hire 17 year olds at min. wage who know zero about the product and what it can or can't do.
Btw, Esquire magazine will tell you the same -- to shop small, local stores, where they actually know what they're talking about.
Lawbro said:
Common sense tells me that the store shouldn't allow customers to climb ladders on its premises and shouldn't leave ladders in the aisle that customers might mistakenly think are for their use.
In the case that the store actually undertakes to provide ladders for customers to use, they should make sure that they're safe and stable.
vagrant said:
Perhaps we should stop expecting ourselves to be treated like helpless infants, accept there the is such a thing as an accident that we are responsible for, and take responsibility for ourselves.
Lawbro said:
Every jury is instructed that any defendant (and plaintiff for that matter) has the duty to act as a reasonable person. What people perceive to be acting "reasonable" can certainly differ. It's possible that while some treat people like infants and use their point of view to justify unreasonable actions, others use the gift of perfect hindsight to judge and criticize the actions of others, while holding them to a superhuman standard.
In theory, that's what nice about a jury of 12 different people getting together, using the facts presented to them, and determining whether by the defendant and plaintiff acted reasonably. In Illinois, if the plaintiff acted unreasonably and is therefore found to be more than 50% responsible for his or her own injury, he/she collects nothing.
I have a difficult time seeing how that's not fair.
Trick15 said:
I am so sick of people not using common sense and then blaming others just to get a dime from them...This woman should get NOTHING! Take responsibility for your actions people!
Mare Swallow said:
Why did she wait more than a year to file? I actually juried a Personal Injury case sort of like this, and it sends up a red flag when someone is injured, then waits over a year to file. Makes me think that time went by, and either money got tight or bills got bigger, and then the plaintiff thought, "Hmm, how can I get some money? Oh, wait -- 18 months ago, I fell at Home Depot. I'll sue them!"
I'm with Trick15 - assume some personal responsibility.
msvideo said:
thats a good question, but in reality, you may have kinda answered it. If it were me, I could see myself trying to go along with life and quite possibly ending up with more medical expenses than i anticipated due to the fall. dr visits tend to add up, with check ups and all and we don't know how many missed work days etc have resulted over the time for this, and it is not easy to hire a lawyer when you have few resources. all Im saying is that it could happen.
jimwillie said:
This is an obvious attempt by someone who understands insurance amounts to scam the system.
If you figure out how much it cost home depot to defend themselves from this crook...it comes out cheaper for the insurance company to settle for 15-30k.
I've had two neighbors over the years use this exact tactic. I utterly refused to settle but the insurance companies do it anyway.
We need to get rid of about 90% of the lawyers out there and put a moratorium on graduating any more useless bottom feeders. Maybe scum bags like this lady wont have anyone to take up her frivolous lawsuit then.
Accolaidia said:
I worked for Home Depot for 6 years and I was on the Saftey Commitee as well. The ladders are not there for customer use. Period. They have stickers on them saying Employees only. They also have chains across the front of them blocking access to customers. Of course in the time period I was there, even though I was always looking for customers to assist, I would no doubt come accross customers climbing the ladders themselves and when I told them I would get the product and to please get off the ladder about half of the customers would get upset. Now part of my job on the Saftey Commintee would be to make sure that chains are in place, stickers are not peeling or missing and ladders were in the down position when not being moved.
I'm not a big fan of Home Depot, believe me! However, this lady chose to ignor all warnings and may have actually ignored the chain or taken it down. She chose to climb up on a ladder knowing she was not an employee. I think she is just plain stupid, or looking for a way to supplement her income.
msvideo said:
okay you got a point with that one, but have you ever tried to get help at a home depot recently? it can be a witch
jllowery said:
Accolaidia, I'd like to talk with you. I'm a lawyer with some questions about Home Depot safety practices related to a case I have. Could you shoot me an email? john@jllowery.com
Thanks.
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