Are Home Improvement Stores Liable For Your Injuries?
Approximately 43 million people will attempt to tackle a home improvement project this year. According to the Home Safety Council, one in five ambitious folks will be injured. Do-it-Yourself Projects That Lead to the Most ER Visits, Consumer Reports.
Many “big box” stores and other retailers attract people to their locations with the promise of saving money and enjoying the satisfaction of doing it on your own. However, store injuries to do-it-yourselfers can occur before a project begins. One customer injured at such an Illinois store was Anthony Pullia. He sought compensation for his injuries. The Illinois Appellate Court described the basis for the store’s liability.
Have you been injured while shopping at a home improvement store? Don’t navigate the complexities of liability and compensation alone. If you’re in Chicago or the surrounding areas, let our home improvement store injury attorneys advocate for your rights.
Contact us now at (312)766-1000 or email [email protected] for a free consultation. Protect your rights and secure the compensation you deserve.
Customer loses a finger while retrieving goods
Mr. Pullia set out to buy posts at a local home improvement store for a backyard fence he was building. At the store, the posts hung from racks attached to the wall in the self-serve section. The posts Mr. Pullia wanted were just out of his reach. A store employee said he would help Mr. Pullia “in a minute”, but after 20 minutes of waiting, no employee appeared to assist. While attempting to get the posts himself, Mr. Pullia stepped onto a lower ledge and held onto the rack’s face plate for support. Using his other hand, he removed the desired fence posts from the rack and placed them on the floor. Mr. Pullia then turned and began to step off the rack arm when he felt his wedding ring caught on the rack face plate. He was unable to stop his downward momentum, and his finger was completely severed at the knuckle.
Questions for the court included: Did the home improvement store subject Mr. Pullia to an unreasonable risk of harm? Is it reasonable to expect that a customer might try to climb the rack to retrieve goods in the self-service section? Did the store do anything to prevent customers like Mr. Pullia from being injured at its place of business?
Responsibility to Keep Premises Safe
Businesses have a responsibility to keep their premises safe. (Illinois Compiled Status) 740 ILCS 130/2. Generally, the land owner (or store) in Illinois must ensure the store is reasonably safe for customers. Stores and other businesses that encourage customers to put themselves at risk of serious injury without proper warnings need to adapt to prevent disabling injuries. At the same time, shopping, like Mr. Pullia’s, does not happen to others.
The court ruled that the home improvement store knew (or should have known) that displaying merchandise beyond the reach of customers of ordinary height subjects them to an unreasonable risk of harm. Displaying merchandise in such a manner encourages the self-helper to step on lower shelves to reach goods on the upper shelves. Store owners who wish to stack merchandise vertically to increase profits should be liable for any customer’s injuries resulting from the practice.
Providing an accessible shelf of goods encourages self-service customers to step up to retrieve those products. Also, the store should have expected that self-service customers who want to purchase goods just beyond their reach might try to find other ways to grab items on their own, and that those customers might not realize how much danger they are subjecting themselves to. Finally, the court determined that the store failed to take sufficient steps to warn customers or protect them from the risk of stepping onto the racks. A simple sign or barricade could have prevented the mishap.
The lesson is that businesses have an obligation to anticipate and warn against foreseeable dangerous conditions.
Other Common Home Improvement Store Hazards
While improperly displayed merchandise poses a significant risk, home improvement stores have other potential hazards that can lead to customer injuries. These stores often feature wide aisles cluttered with building materials, tools, and equipment. Slip-and-fall accidents are common due to spilled liquids, loose debris, or uneven flooring.
Consider these additional risks:
- Forklift Accidents: Home improvement stores frequently use forklifts to move heavy pallets of materials. If operated carelessly or without proper safety measures, forklifts can cause serious injuries to shoppers.
- Falling Objects: Beyond merchandise on shelves, items stacked too high or improperly secured can fall and strike customers. This is especially true in lumber and building material sections.
- Sharp Objects and Protrusions: Tools, nails, screws, and other sharp objects can be exposed, posing a laceration risk to unsuspecting shoppers. Protruding displays or building materials can also create tripping hazards.
- Lack of Adequate Signage: Failure to warn customers of potential hazards, such as wet floors or construction areas, can contribute to accidents.
Home improvement stores must take reasonable steps to identify and mitigate these risks to ensure customer safety. This includes regular inspections, proper employee training, and clear warning signs.
If you’ve been injured due to any of these hazards at a Chicago area home improvement store, it’s essential to seek legal guidance to understand your rights and options for pursuing compensation.
Chicago Legal Representation For Home Improvement Store Injuries
If you’ve been injured at a home improvement or DIY store, whether you live in Chicago or the suburbs, our legal representation can help. Call or text the Blumenshine Law Group at (312)766-1000 or email [email protected] for a free consultation.