Big-box stores, also commonly called “home improvement centers,” are essential to anyone who wants to take a DIY approach to home repairs or renovations. And while these stores are impressive both in size and product offerings, they can also be hazardous to unsuspecting customers. Many products are large enough to require the use of flatbed carts, creating both collision and tripping hazards.
The three largest home improvement chains in the United States are Lowe’s, The Home Depot and a store called Menards, which has locations in 15 states (primarily in the Midwest). Each year, these stores face premises liability lawsuits from customers who have been seriously injured in a variety of scenarios, including trip-and-fall accidents.
A good example is an ongoing lawsuit against Menards that was recently mentioned in the news. The incident that sparked the lawsuit occurred in the spring of 2013, when a woman went to visit a Menards in North Dakota to exchange some merchandise. The customer service desks are generally located near the front entrances and exits to the store, and that’s where she stopped to discuss her exchange with an employee.
As she turned to walk away from the desk, she tripped over a large flatbed cart that someone had left in a commonly used walking area. As a result of the trip-and-fall, the woman cracked seven teeth, the repair of which required expensive and extensive dental work.
Menards blamed the woman for her own injuries, claiming that she should have been paying better attention. But the woman’s attorneys alleged that Menards should have ensured that the walking area was free from obstructions. A jury agreed and found the store to be entirely at-fault for the accident. They awarded the woman $40,000 in damages and ordered Menards to pay the woman’s attorney fees.
The home improvement chain, which is headquartered in Wisconsin, has appealed the ruling to the North Dakota Supreme Court. It alleges, among other claims, that the requirement to pay attorney fees is excessive (although appealing the ruling will almost certainly cost more money than paying the fees).
The bottom line is simple: Every retail establishment with brick-and-mortar stores is responsible for ensuring that their property is as safe as it can reasonably be for customers. The specific hazards that need to be mitigated depend on what the store sells and how merchandise is moved around by customers or employees. Home improvement centers arguably have the biggest hazards to mitigate due to the size of their stores and the sizes of many of their products. When retailers fail to take customer safety seriously, they can be held liable in court.
