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Can you sue Home Depot if you slipped on spilled coffee?


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2009-01-16 07:16:30
2009-01-16 07:16:30

You might have a lawsuit here. But there are plenty of questions you will have to answer to determine whether or not you have a legitimate case. You will have to prove one or both of these theories of negligence:

Theory 1: Home Depot had actual or constructive notice that the coffee was spilled and failed to clean up the spill in a reasonable time. Actual notice would be that an employee saw the spilled coffee or another customer notified an employee that the coffee was spilled. Constructive notice is where the coffee was spilled for so long that Home Depot should have noticed it.

Theory 2: Home Depot encouraged customers to bring coffee into the store, and failed to have an adequate plan for cleaning up spills. For the first part, you could show that Home Depot had coffee available at the contractor desk and/or outside at the snack bar, and that no signs or rules prevented customers from bringing in their coffee. For the second part, you would have to show that other hardware stores who serve coffee have more comprehensive clean-up plans for potential spills.

Since both of these theories of negligence will require a large amount of investigation, and each state has different laws (the above theories may not apply to you), you should contact a personal injury attorney in your area. I suggest you choose one who specializes in premises liability and/or slip and fall cases. These attorneys can be found in your local phonebook or by contacting your state's bar association.

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