Shopping at Home Depot should be routine. You walk in, find what you need, and leave safely. But accidents can turn an ordinary trip into a life-altering event. Every year, thousands of people suffer injuries at big-box retailers across New Jersey. The US Bureau of Labor Statistics documented 66,800 nonfatal workplace injuries and illnesses in New Jersey’s private sector in 2023.
When you’re hurt on someone else’s property due to their negligence, New Jersey law affords you the right to compensation. But getting that rightful compensation is often challenging. You will likely need a competent personal injury lawyer to pursue the repayment you deserve.
In New Jersey, get legal help from Grossman Law. For nearly 30 years now, we have been winning deca-millions for injured individuals and their families, earning top ratings in the legal field. Our personal injury attorneys are knowledgeable in claims against retail corporations, and unafraid to pursue the maximum compensation you deserve. We’re ready to guide and represent you in your Home Depot accident claim.
We provide a free consultation at Grossman Law, and will not charge you anything until we win for you. Call us today at (732) 625-9494.
Common Home Depot Accidents in New Jersey
Warehouse-style stores like Home Depot often have unique hazards. When products are stacked high and heavy merchandise are placed throughout the store, accidents happen more often than you might think.
- Falling merchandise tops the list of dangerous conditions. Items stored 20 to 30 feet high can fall without warning, causing serious head injuries, broken bones, and back trauma. Products are stacked on shelves as high as 30 feet, and sometimes merchandise is not properly secured, creating hazardous conditions for shoppers.
- Slip and fall accidents occur frequently in garden centers, lumber sections, and near loading areas where water, sawdust, or debris accumulates. These accidents often result in fractures, sprains, and sometimes traumatic brain injuries.
- Equipment-related injuries happen when forklifts, dollies, or other machinery injure customers. According to the Occupational Safety and Health Administration (OSHA), about 2.4 workplace injuries and illnesses occurred per 100 workers in 2023. Accidents continue to happen when safety protocols aren’t properly implemented.
- Parking lot incidents including cart accidents, inadequate lighting, and poorly maintained surfaces can cause significant injuries before you even enter the store.
New Jersey Premises Liability Law: Your Foundation for Recovery
Case Law on Premises Liability of Property Owners
Various court decisions in the past have confirmed that property owners have a duty to:
- Keep their premises reasonably safe for legal visitors, or
- Sufficiently warn their legal visitors of hazards on the premises.
Property owners who fail this duty could be held responsible for resulting injuries to guests or visitors.
New Jersey cases that cement this legal doctrine include Rowe v. Mazel Thirty, LLC (2012) and Hopkins v. Fox & Lazo Realtors (1993). At Grossman Law, we are deeply familiar with court cases like these and can leverage them to support your Home Depot premises liability claim.
Statutory Foundation for Claims Versus Public Entities: NJSA 59:4-2
New Jersey Revised Statutes section 59:4-2 establishes that public property owners can be held liable for injuries caused by a dangerous condition on their property. To succeed, an injured individual must prove:
- The property was in a dangerous condition at the time of the injury.
- The injury was proximately caused by that dangerous condition.
- The dangerous condition created a reasonably foreseeable risk of the kind of injury incurred.
- The entity either created the condition or had actual or constructive notice of it and failed to correct it in a reasonable time.
Other New Jersey statutes, such as NJ 2A:42A-8 and NJ 2A:42A-8.1, may also apply, depending on the type of property. These laws mandate the liability of property owners or lessees if their visitors get injured due to the owners’ negligence.
To best navigate the New Jersey legal system on premises liability, let us assist you at Grossman Law. Our premises liability attorneys have decades of experience in this legal field, and can strategize with you for a robust claim.
Types of Visitors and Duties Owed
New Jersey law recognizes three primary categories of visitors, each owed a different duty of care:
Invitees
- Definition: People invited onto the property for business purposes (for example, customers at Home Depot)
- Duty of the property owner: Highest protection. Property owners must inspect for hazards, fix dangerous conditions, and warn invitees about risks that cannot be immediately repaired.
Licensees
- Definition: Individuals with permission to be on the property but not for the owner’s benefit (for example, social guests)
- Duty of the property owner: Moderate protection. Owners must warn licensees of known hazards that are not obvious, but there is no duty to inspect for unknown dangers.
Trespassers
- Definition: People on the property without permission
- Duty of the property owner: Minimal protection. Owners must avoid willful or wanton harm, but generally have no duty to protect trespassers. Exceptions exist for children under the “attractive nuisance” doctrine.
Elements to Prove Negligence in a Premises Liability Case
To win a premises liability claim in New Jersey, the injured party must establish four key elements:
- Duty of care: The property owner owed a duty to maintain safe premises.
- Breach of duty: The owner failed to meet this safety obligation.
- Causation: The breach directly caused the injury.
- Damages: The victim suffered actual harm or losses.
Proving these elements requires meticulous case-building and satisfying legal criteria. For instance, to establish that the property owner failed their duty of care, you and your attorney must show that:
- The dangerous condition existed: You need to demonstrate that a hazardous condition existed at the establishment. This could be a spill, unstable merchandise, or defective flooring.
- They had knowledge of the condition: You must demonstrate that the defendant knew about that dangerous condition. For commercial properties, you can establish constructive notice, which means they should have discovered the problem through reasonable inspections.
- There was a breach of duty: The store failed to fix the problem or warn customers about it.
Home Depot often uses the “open and obvious” defense, claiming hazards were visible to customers. However, this defense has limits in New Jersey. Even obvious conditions can create liability if the store should have eliminated the danger.
The Value of Your New Jersey Home Depot Accident Claim
Compensation varies based on your specific injuries and circumstances. Damages can include:
- Medical expenses for emergency room visits, surgery, physical therapy, and ongoing treatment.
- Income loss for time missed from work while recovering.
- Future medical costs if you need long-term care or additional procedures.
- Pain and suffering for bodily pain and psychological distress.
- Reduced earning ability if injuries stop you from performing your former job.
Home Depot case settlements and verdicts vary widely, but have reached seven-figure amounts and more. Examples are a $2.9 million award for a Delaware falling-objects incident and a $1.5 million award for a Georgia forklift incident. Each case is unique and will be valued according to its own combination of factors. To get a better idea of what your claim is worth, get a free case evaluation from Grossman Law.
Immediate Steps After a Home Depot Accident
Your actions immediately after an accident can significantly impact your case:
- Seek medical attention even if injuries seem minor. Certain injuries such as concussions or soft tissue damage might not display symptoms right away.
- Notify Home Depot management about the accident and obtain a copy of the incident report.
- Photograph the accident location, your injuries, and any dangerous conditions.
- Collect witness details including names and contact information from anyone who observed the incident.
- Preserve evidence by keeping clothing and shoes you were wearing.
- Refrain from making statements to insurance adjusters without an attorney present.
Time Limits for Filing Your Claim
New Jersey law gives you two years from the date of injury to file a personal injury lawsuit surrounding your store injury. Failing to meet this time limit may bar you from obtaining any compensation.
In addition, waiting to take action can hurt your case. Evidence disappears, witnesses move away, and details become harder to remember. Starting the legal process early gives your attorney the best chance to build a strong case.
Why Home Depot Cases Require Experienced Legal Representation
Home Depot is a multi-billion dollar corporation with experienced legal teams and risk management professionals. The company has safety procedures and uses netting to contain merchandise stored on high shelves, but accidents still occur.
These cases involve complex issues:
- Evidence preservation becomes critical immediately. Security footage may be deleted after 30 to 90 days. Witness memories fade. Physical evidence gets cleaned up or removed.
- Corporate policies and procedures must be analyzed to show whether employees followed proper safety protocols. Expert witnesses may be needed to establish industry standards.
- Insurance company tactics aim to minimize payouts. Insurance companies intentionally use Delay, Deny and Defend strategies to the detriment of their policyholders.
To protect yourself from these issues that could undermine your claim, it’s wise to have the advice and representation of a Home Depot accident attorney. Our lawyers at Grossman Law are experienced in standing up to corporations, aggressively advocating for our injured clients. When you work with us, we can:
- Act promptly to preserve evidence and investigate the accident
- Navigate New Jersey laws for your most strategic legal remedy
- Speak to insurance adjusters on your behalf
- Negotiate with Home Depot or their insurers for your fair compensation
- Build your case to be trial-ready and bring it to court if necessary.
Why Choose Grossman Law Firm for Your Home Depot Accident Case
Founded by Attorney Scott Grossman, the Grossman Law firm brings over 27 years of personal injury experience to every case. Scott Grossman was selected to Super Lawyers for 2022-2025, an exclusive list of top-rated attorneys chosen after thorough evaluation.
Our firm’s credentials include:
- Deca-millions recovered in settlements and verdicts for injury victims across New Jersey
- Thousands of clients helped with personal injury cases, including premises liability claims
- Board of Governors service with the New Jersey Association for Justice, demonstrating Scott’s leadership in the legal community
- Personalized attention where every client receives individual focus, never treated as just another file.
Scott’s background includes a Master’s degree in Political Science from Rutgers University and a JD from Quinnipiac University, where he was awarded Best Oralist in the Phillip C. Jessup International Moot Court Competition.
The Grossman Law Firm Approach
Our process focuses on achieving maximum compensation while supporting you through recovery:
- Free consultation to evaluate your case and explain your options
- Thorough investigation including evidence preservation, expert analysis, and witness interviews
- Aggressive negotiation with insurance companies backed by trial preparation
- No fees unless we win your case, allowing you to focus on recovery without financial stress
- Regular communication to keep you informed throughout the legal process.
Common Questions
What happens if Home Depot argues the condition was clearly visible?
It’s possible to still have a claim even when the store argues an “obvious” risk. Even obvious hazards can create liability if the store should have eliminated the danger or provided adequate warnings. Don’t hesitate to discuss with us and determine your legal options.
How long do I have to file a claim?
New Jersey’s statute of limitations gives you two years from the injury date to sue for injuries, but starting early protects evidence and strengthens your case.
What if I was partially at fault?
New Jersey follows comparative negligence rules. You can still recover compensation even if you were partially responsible, though your award may be reduced.
Will my case proceed to trial?
The majority of cases resolve through settlement, but we ready every case for trial to secure the optimal result.
Contact Grossman Law Firm Today
Don’t let Home Depot’s insurance company minimize your injuries or rush you into an unfair settlement. You deserve compensation that addresses your medical expenses, lost income, and pain and suffering.
The Grossman Law Firm has helped thousands of New Jersey residents recover millions in compensation after serious accidents. Our track record includes successful cases against major retailers, and we know how to hold corporations accountable for unsafe conditions.
Contact us at (732) 625-9494 today for your complimentary consultation. We represent clients across New Jersey, including Monmouth County, Middlesex County, Ocean County, and other areas.
Your first consultation is free, and you owe no fees unless we secure a victory in your case. Let our experience work for you while you focus on getting better.
Time is essential in premises liability matters. Evidence disappears, witnesses relocate, and memories fade. Protect your rights by contacting Grossman Law today.
