Is Lowes Responsible for Injuries on Their Property?
In order for an injured victim to prevail in a premise liability claim against Lowes, they must generally show that there was a dangerous condition upon the premises, that Lowes:
- knew or should have known of the dangerous condition,
- that the injured victim was not aware of the condition, and;
- that Lowes failed to either remedy the condition or warn the victim of the dangerous condition.
Businesses like Lowes have a duty to provide a safe place to shop for their patrons. They are not, however, complete insurers of their safety. Unfortunately, with an operation as big as Lowes, accident prevention is very difficult. Thus, they are held to the standard of a reasonably prudent person when it comes to a premise liability claim against Lowes.
How Do You Prove a Store Knew of a Dangerous Condition?
Proving that a store knew or should have known of a dangerous condition can be very difficult in many cases. Thus, it is critical that you send the proper notification letters to trigger a duty to preserve any video evidence that might establish the source of the dangerous condition and how long it existed before the client’s fall. Failure to promptly act to preserve this evidence may result in the legal destruction of this evidence. This is why you need an attorney’s advice on your Lowes injury claim immediately.
Types of Injuries in Big Stores
There are many ways a patron may be injured while shopping at Lowes or any other big store like that. Some of the most common types of accidents we see include:
- Slip and fall accidents
- Injury due to falling objects
- Injured by a negligent forklift operator
- Parking lot tripping accidents.
If you have been seriously injured in a Lowes accident, call us for a free consultation today.
Employees Injuries
Employees are not immune to injury while working for Lowes. They may be injured from a slip or trip and fall, from working with machinery and/or forklifts, or from motor vehicle collisions. In 49 states, a Lowes employee can file for worker’s compensation to cover on-the-job injuries. Texas, however, is the one state that does not require employers to provide workers’ compensation. Instead, in Texas Lowes uses alternative employer-provided injury benefit plans that do not provide the same coverage that workers’ compensation provides. The plans we have dealt with typically have a forced arbitration clause that deprives the employee of a day in court and sends him/her to a forced arbitration proceeding. While these plans place significant limits and hurdles upon making recovery outside the plan, you do have the right to bring a claim for certain damages such as pain and suffering that are not covered by the employee benefit plan. For a free consultation regarding your arbitration rights, contact us at (713) 932-0777, or for more information on your work injury claim at Lowes, visit our work injury page.
Talk to a Lawyer After Your Lowes Accident
Lowes is a big company, but this doesn’t excuse them from making the premises safe for customers and guests. if you have been injured as a guest or customer at Lowes, call Simmons and Fletcher, P.C. to learn your rights. We have been helping injured victims of negligent property owners since 1979 and we are here for you. Call us at 800-298-0111.
