KNEE INJURY DUE TO TRIP AND FALL AT HARDWARE STORE

PRE-LAWSUIT OFFER: $0   –   
ALL CLAIMS CONFIDENTIALLY FOR A SUM NOT LESS THAN $100,000   –   

Bill S. was heading back to his car after shopping at amajor home improvement store (“H.I.”). H.I. set up an outdoor garden display onthe lot of the business next door. Bill decided to take a look and see if therewere any plants or flowers that his wife would like. As he entered the displayhe tripped and fell over a short piece of rebar protruding about 3 inches fromthe ground right next to a flower display. He fell forward and his knee landedon another piece of rebar protruding from the blacktop. Bill ended up needing asurgery to correct a chondral defect in the knee exacerbated by the fall. H.I.maintained that since their display was not on their property that they weren’tresponsible. H.I.’s neighbor where the display was located, a restaurant, alsodenied responsibility. Plaintiff had to file suit to get justice.

It was never determined why the rebar was sticking out of the ground. It did appear as if it could be used to stabilize H.I.’s planter displays but despite taking the depositions, recorded statement under oath, of several H.I. employees and requesting records from H.I. – it couldn’t be established who put the rebar in the blacktop or why.

We impressed upon H.I. that regardless of when or why the rebar was present inside their display where people would walk – they should accept responsibility for a dangerous condition that resulted in injury. Under Colorado’s Premises Liability Act, H.I. would be considered a ‘property owner’ for purposes of the act for conducting business activity at the location where the incident occurred. It was irrelevant that it wasn’t their property. A business property owner is liable for injuries as the result of a dangerous condition of which they knew or should have known. Since many employees were required to set up the display, it was a reasonable argument that Home Depot should have known of the rebar. As for the dangerous condition –H.I. denied the rebar sticking up from pavement where customers would walk aisles was dangerous.

At a settlement conference, the retired judge assisting the parties sided with Plaintiff’s arguments.

PRE LAWSUIT OFFER – 0

ALL CLAIMS CONFIDENTIALLY FOR A SUM NOT LESS THAN $100,000.

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