Bat bite wasn’t an item on woman’s Home Depot shopping list

In a premises liability lawsuit, a defendant may be held liable for damages when their actions fall below a certain standard of care. This may include failing to repair a hidden danger or warn of a dangerous condition that the property owner knew or at least should have known existed through a reasonable inspection.

These are exactly the claims being made in a recent lawsuit against Home Depot, the nationwide home improvement retailer. While many lawsuits of this kind are often filed after a patron slipped and fell on liquid, tripped on a loose board or stepped on broken glass, that wasn’t the basis of this one. In this instance, it was a failure to discover an infestation of bats.

The incident that led to the lawsuit occurred on Jan. 28, 2013, when a woman was shopping at the store. The woman had put her hands on a cinderblock that was part of a display in the store. When she moved the block, a bat flew out and bit her.

According to the lawsuit, the woman suffered an injury that caused severe pain, mental anguish, physical impairment and eventual disfigurement. The woman claims that she also incurred medical and court costs as a result of the incident.

While this incident occurred at a facility in Texas, this incident could have happened anywhere. Not only is the bright orange of the Home Depot brand found across the entire nation, but the principles of premises liability stretch to every retailer in Los Angeles.

Source: The Southeast Texas Record, “Suit claims woman bitten by bat at Home Depot,” Michelle Keahey, Sept. 6, 2013