Dulin McQuinn Young recently obtained the second largest premises liability jury verdict in Douglas County in John Perry v. Home Depot USA, Inc. The verdict, in the amount of $771,989 (a total judgment of $930,830.50), came after a 4-day jury trial on behalf of our client, John Perry.
Mr. Perry suffered a severe laceration and resultant nerve damage to his leg when he brushed against a twisted piece of metal in a Home Depot store. Home Depot’s final settlement offer was $101,000 and the store consistently blamed Mr. Perry for causing his injuries.
Statement from Attorney Francisco Martinez
“This verdict signifies a clear message to property owners who believe they can ignore dangerous conditions on their premises. Home Depot attempted to repair a jagged piece of metal multiple times and ignored what would happen when this twisted piece of metal hit human skin. We asked the jury to hold Home Depot accountable for their actions and they did. Dulin McQuinn Young’s unwavering commitment to justice and the relentless pursuit of our client’s rights have been duly recognized in this momentous legal triumph, which we hope will result in improved safety for citizens throughout Colorado.”
The Incident
On August 30, 2020, Mr. Perry and his wife went to Home Depot for an electrical item needed for the construction of their home. A Home Depot associate created a narrowed aisle with a large ladder which forced Mr. Perry to walk past a damaged metal conduit holder.
As Mr. Perry walked through the narrowed gap, his leg made contact with the damaged conduit holder, resulting in a large laceration and permanent nerve damage. On at least 4 prior occasions, Home Depot attempted to repair the damaged metal; rather than remove or replace the item, it chose to leave it in a dangerous condition which caused Mr. Perry’s injury.
Premises Liability in Colorado
Mr. Perry’s injuries were directly caused by Home Depot’s negligent attempts to repair a damaged conduit holder, a dangerous condition on their property. In Colorado, premises liability law holds property owners and businesses liable for injury-causing accidents that occur on their properties.
Property owners and businesses owe different legal duties to visitors on their properties based on a visitor’s status. A visitor may be an invitee, licensee, or trespasser.
Mr. Perry was owed the greatest duty of care by Home Depot as he and his wife were invitees. Invitees are guests to a property. Often, they are shoppers at a business to buy goods.
Licensees are visitors with personal reasons to enter a property. They may come to visit a property owner or read a utility meter. A property should be reasonably safe for licensees.
Trespassers have no authorization to enter a property. They are not owed a duty of care, but a landowner may not intentionally harm trespassers.
Proving Premises Liability in Colorado
Dulin McQuinn Young proved every element of Mr. Perry’s premises liability case to the jury. Doing so required showing that:
- A dangerous condition existed at Home Depot;
- Home Depot was aware of that condition or should have been aware of that condition; and
- That dangerous condition was the cause of Mr. Perry’s injuries; and
- As a result, Mr. Perry suffered medical, physical, and other accident-related damages.
While proving a premises liability may seem simple on its face, defendants, like Home Depot, may try to blame the victim for their injuries. This makes experienced legal counsel your best asset when filing a successful premises liability claim.
Damages Available in Successful Premises Liability Cases
A successful premises liability claim covers all of a victim’s accident-related losses. These may include, but are not limited to:
- Medical bills;
- Doctor visits;
- Prescriptions;
- Physical and occupational therapy;
- Lost wages;
- Lost earning opportunity;
- Mental and emotional trauma;
- Scarring and disfigurement; and
- Pain and suffering.
If you were injured on someone else’s property or at a retail establishment, do not settle for an insubstantial offer that does not meet your needs. Dulin McQuinn Young, has the resources and experience to gather evidence and build your personal injury case in Denver for just compensation.
How Dulin McQuinn Young Can Help
Reach out to the experienced premises liability attorneys at Dulin McQuinn Young for a complimentary case review. If you have a valid premises liability claim, we will handle every aspect of your case from start to finish.
Dulin McQuinn Young will build a trial-ready case supported by:
- Accident investigation;
- Evidence collection;
- Witness interviews;
- Medical diagnoses and prognoses;
- Damage calculations; and
- Expert witness opinions and testimony.
Our premises liability attorneys will conduct negotiations with any insurance companies to obtain a fair settlement amount that covers all of your damages. If an appropriate settlement cannot be negotiated, we will move ahead to trial.
Speak to an Experienced Denver Premises Liability Attorney Today
No one should suffer injuries caused by another person’s negligence. If you were injured while shopping or on someone else’s property, consult with an experienced Denver premises liability attorney at Dulin McQuinn Young today.
There is never a risk to meet with one of our attorneys, and we operate on a contingency fee basis. This means at Dulin McQuinn Young, we only get paid when we win compensation for you.