Home Depot reported net sales of over $131 billion in 2020 alone, and it occupies a market share of almost 25% in the US home improvement industry. When residents of New Jersey need to purchase a home-related item, there is a good chance they will head straight for Home Depot. Unfortunately, Home Depot may sell products that could be dangerous for consumers. These might include power tools, building materials, chemicals, and much more. To some extent, consumers are expected to exercise a reasonable degree of caution and care when purchasing and using these products. In other situations, Home Depot can be held accountable for injuries caused by products it sells.
The issue is that Home Depot has shown a remarkable ability to escape liability for injuries caused by its products. Within the past few months alone, Home Depot’s attorneys have employed a range of strategies when facing personal injury lawsuits, allowing the company to escape a range of consequences as a result. If you are considering suing Home Depot for injuries in New Jersey, it makes sense to familiarize yourself with these potential strategies. Of course, it also makes sense to work with a qualified, experienced personal injury attorney to counter these potential strategies.
Home Depot Scores Legal Points Because Plaintiff Failed to Provide Photos
On July 6, it was reported that a New Jersey court had imposed sanctions on a plaintiff who was attempting to sue Home Depot for injuries sustained on a ladder. The sanctions were issued because the plaintiff had failed to provide photos and footage of the scene of his accident. This was despite the fact that the plaintiff had previously informed the defendants that no such footage existed during the pre-trial discovery phase.
During this discovery phase, both parties are legally obligated to share as much information as possible with each other. If one party requests certain information, then the other party is legally required to provide it. Concealing information is a serious form of legal misconduct.
In this particular case, the plaintiff had apparently concealed 81 photos and three videos that counsel recorded at the scene of the accident. It is not clear whether the plaintiff decided to conceal these images and videos or whether he was instructed to do so by his lawyers. Either way, it almost cost the plaintiff the entire case – as these sanctions stopped just barely short of complete dismissal.
Sanctions can take many forms, and in this case, they were quite harsh. The plaintiff was ordered to pay the defendant’s reasonable expenses associated with depositions that had to be redone, including legal fees and costs. In addition, the court ruled that the plaintiff’s counsel should provide the metadata for these images and videos. The defendants successfully argued that this metadata could help them prove the order in which the images were taken and how the accident scene might have been manipulated.
Family Sues Home Depot for 8-Year-Old’s Foot Injury
On June 16, 2023, it was reported that an 8-year-old’s foot injury had led to a lawsuit against Home Depot in New Jersey. The accident apparently involved a lawnmower that was provided to the family by Home Depot. The lawnmower ran over the child’s foot, causing serious injuries. Home Depot ostensibly attempted to counter-sue the driver of the lawnmower at the time – the child’s father. Home Depot also sought to disqualify the family’s legal team due to alleged conflict of interest violations.
When Can I Sue Home Depot?
You might sue Home Depot for a variety of injuries under a number of different circumstances:
- Slips and Falls: You could potentially sue Home Depot or any other retail store for a slip and fall that occurred on the premises. This might involve a fall on an icy or snowy parking lot or walking area. You can also sue for a fall inside the store, perhaps due to scattered debris, liquid spills, or dimly lit areas. Any injury that occurs on the premises can potentially lead to a personal injury lawsuit, including those caused by falling objects.
- Product Liability: As previously highlighted, defective products sold by Home Depot can lead to lawsuits.
Where Can I Find an Experienced Personal Injury Attorney in New Jersey?
If you have been searching the New Jersey area for an experienced personal injury attorney, look no further than Lependorf & Silverstein, P.C. We know that Home Depot and many other retail companies may sell products that are inherently unsafe for consumers. With our help, you can file a product liability lawsuit against these retailers in order to pursue compensation for medical expenses, missed wages, emotional distress, and much more. Book a consultation to discuss your options and get started with an effective action plan.