A man in another state is suing a national chain of hardware stores after he suffered injuries when an unsecured toilet fell off of an overhead shelf and struck him.
The incident occurred in a Houston Home Depot while the customer was browsing in an aisle back in July of 2017. The man, a Texas resident who is in his late 50s, was allegedly perusing the toilet aisle for a selection when "unexpectedly and without warning, a box containing one of the toilets collapsed causing the toilet immediately above to strike," according to the complaint the plaintiff filed last month.
He accuses Home Depot of negligence, alleging that he suffered "significant and (severe) injuries" from the incident at the southeast Houston Home Depot.
Plaintiff's attorney stated that his client is having diagnostic testing done to evaluate the appropriate surgical procedure to fix a shoulder injury.
His complaint alleges the store was negligent for failing "to exercise ordinary care to protect invitees" and failing "to properly secure and/or stack products." He seeks both exemplary damages and monetary relief of a sum from $200,000 to $1 million for his medical and past and future health care costs, as well as lost earning capacity and lost wages. According to the complaint, his future ability to earn a living has been affected by the injury.
The plaintiff would also like the store to stock and inspect their shelves more carefully to avoid stacking heavy items above the floor that might injure their customers.
If you suffered an in-store injury due to a retailer's negligence, you may also choose to file your own claim for damages.