Department stores and other businesses in West Virginia are expected to take the steps necessary to protect patrons from being injured. However, a Lowe’s Home Center in another state was recently accused of failing to fulfill this responsibility. A lawsuit alleging dangerous property conditions has been filed against the company.
A man filed a lawsuit against the store, claiming that it did not properly maintain the store’s property in a condition considered reasonably safe. He alleged that when he was shopping at the store one day, he ended up slipping and falling on a wet floor. The fall is alleged to have caused the man to suffer injuries that are serious and permanent.
The damages sought include financial redress for pain and suffering, loss of earnings and disability. He also seeks relief for the loss of the enjoyment of life, along with future and past medical expenses. Lowe’s is alleged to be responsible for the man’s injuries because the home improvement store did not warn him about the slippery floor and did not keep the floor safe for customers.
As part of the lawsuit, the plaintiff requests a jury trial and seeks a judgment against the store for more than $50,000. When a retail establishment in West Virginia fails to take sufficient measures to prevent customers from being injured and a customer ends up hurt due to the dangerous property conditions, the customer may be entitled to file a premises liability claim against the store. An understanding of what facts must be proved in this type of case may be helpful in preparing for litigation in civil court.
Source: madisonrecord.com, “Customer says store at fault in slip-and-fall“, Philip Gonzales, June 1, 2016