Our Chicago readers probably understand that a home improvement store on the weekend can be a very busy place. Power tools and hazardous chemicals abound, but for one unlucky boy, it was the floor that proved dangerous.
According to a news report, a father was in the garden section of Lowe's home improvement store with his 8-year-old son and 1-year-old daughter, when his son slipped on the wet floor and broke his leg.
The father claimed the giant retailer was liable for negligence. The father charged that the retailer failed to either dry the floor, or place non-slip mats on the floor or warn shoppers with signage or other means that the floor was wet and slippery.
As is sometimes the case in premises liability litigation, counter-allegations were filed. Lowe's filed a third-party complaint against the father. The store charged that the father was negligent by failing to properly supervise his son to prevent the slip and fall accident, and further that the son had underlying pre-existing medical issues.
After three years, the negligence lawsuit has been settled.
The agreement calls for Lowe's to pay for the boy's medical treatment and attorney fees as well as $27,447.56 that will be placed in an annuity and paid to the boy when he turns 18.
A further condition that Lowe's allegedly requested is that the records for this case should be sealed. The father agreed to have the records of his minor child's lawsuit sealed, and now apparently the court must approve the sealing.
It was not stated why Lowe's and the father requested that the records be sealed, considering that the financial details have already been made public.
Source: The Sacramento Bee, "Negligence suit against Lowe's settled," Denny Walsh, April 18, 2012