What if I was partially at fault?
Under South Carolina’s modified comparative fault system, your recovery is reduced proportionally by your percentage of fault as long as it does not exceed fifty percent. Home Depot’s defense team routinely attempts to assign fault to injured customers to reduce the company’s liability.
How long does Home Depot keep surveillance footage?
Approximately thirty days before it is automatically overwritten. Without a formal legal preservation demand issued before that window closes, footage documenting the hazard and the circumstances of your fall may be permanently lost. This is one of the primary reasons to contact an attorney as soon as possible after the incident.
What if there were no warning sign near the hazard?
The absence of a warning sign is direct evidence that Home Depot failed to fulfill its duty to warn customers of known hazards. Photograph the absence of signs specifically at the scene. Documenting the lack of adequate warnings significantly strengthens the liability argument.
Can Home Depot be held liable for falling merchandise?
Yes. The company is responsible for ensuring that merchandise is stored and displayed in a way that does not pose an unreasonable risk to customers. Improperly secured products on elevated warehouse shelving, overloaded sections, and merchandise destabilized can all support a premises liability claim and a product liability claim.
Is Home Depot responsible for injuries caused by wet floors?
Not automatically, but the company is liable if the wet condition existed long enough for a reasonable inspection program to discover it, if Home Depot’s own operations created it, or if the company failed to provide adequate warning once the condition was known.
Can I sue Home Depot if I slip and fall?
Yes. According to South Carolina premises liability law, Home Depot can be held liable if they failed to maintain safe premises, which resulted in your injury. To win your case, you must prove that a hazardous condition existed, that Home Depot knew or should have known about it, and that the company failed to address […]