Injury at Massachusetts Home Depot
A Massachusetts Court sitting in Worcester decided a case on March 22, 2010 involving The Home Depot and a person who was injured while shopping at the store. It is important to have a Boston personal injury attorney with extensive experience in handling injury claims at large retail stores, and the Boston Law Office of Neil Burns has been handling such claims since 1985.
In the case, a plaintiff suffered personal injuries when a display sign for garage doors manufactured by the defendant, Clopay Building Products, Inc., fell on him while he was shopping at Home Depot.
But the Court ruled against the injured plaintiff, holding that he could not recover damages from Clopay Building Products, Inc., because he did not demonstrate that Clopay Building Products, Inc., breached any duty to him. The Court noted a basic rule of injury law, called negligence, in saying that “‘To prevail on a negligence claim, a plaintiff must prove that the defendant owed the plaintiff a duty of reasonable care, that the defendant breached this duty, that damage resulted, and that there was a causal relation between the breach of the duty and the damage.” In this case, the plaintiff failed to show that Clopay Building Products, Inc. owed him any duty. Thus, while the plaintiff’s case could proceed against The Home Depot, or the injured person could continue suing The Home Depot, the Court dismissed the case as against Clopay Building Products, Inc.
The Attorneys at the Law Office of Neil Burns can help you if you are injured at retail store. We have been practicing personal injury law since 1985, and have won favorable settlements for our clients from both large and small retail stores. If you have been injured at a retail store, call the Law Office of Neil Burns and speak to one of our knowledgeable attorneys today.
The case cited above is: Rousseau v. Home Depot USA, Inc., et al. (Lawyers Weekly No. 12-043-10) (6 pages).