How exactly is this Home Depot’s fault?
JUNE 13–A St. Louis man claims that he was injured last year after being glued to a toilet seat in a Home Depot and is suing the retail giant for negligence. Haywood Rosales, 31, charges that during an August 2007 visit to a Home Depot in Florissant, Missouri he used a store bathroom and came into contact with a toilet seat “covered with adhesive,” according to his Circuit Court lawsuit. Rosales’s lawyers told TSG that their client did not notice the adhesive before sitting down and that he used his cell phone to alert his wife, with whom he was shopping, after realizing “he was glued to the toilet seat.”
When Rosales stood up, the complaint asserts, he “received cuts, bruises, and tearing on his buttocks and thighs,” and subsequently “endured the embarrassment, pain, and suffering of the initial injury and its concomitant treatment.”Full Story and copy of Plaintiff claim
Part of the claim:
7. Defendant failed to warn persons attempting to use the restroom, including Plaintiff, of the dangerous condition of the toilet seat, when it knew, or by the exercise of ordinary care, would have known that such failure to warn was likely to cause persons using the restroom to become adhered to the toilet seat and be injured by reason of the conditions of the toilet seat referred above.
This is the part that I think is a bunch of crap:
9. The Home Depot knew or should have known, after the incident in Boulder, Colorado, that there would be a strong possibility that instances of copycat behavior would occur, especially since the Home Depot sells a wide variety of adhesive products, and that same could be used in a similar manner to recreate, or to cause a similar situation.
So they should have know that it was possible that someone could have misused one of their products?
Microsoft should have known that it was possible for someone to overuse an XBOX and become morbidly obese…
Toyota should have know that it was possible for drivers to abuse alcohol and then possibly drive Toyota’s vehicles into oncoming traffic…
There just has to be more to this case.