Store owners have a duty to protect customers from any defects or liabilities within their establishments. When this duty is breached, people can be seriously hurt. Furthermore, this issue of duty can come up even when their appears to be nothing potentially dangerous.

In the case of Calvillo v. Menards, plaintiff, Ernesto Calvillo, was with his nephew looking at lawnmowers. The mowers were displayed on raised pieces of wood covered by green artificial turf with the equipment mounted on top. Calvillo reached out his hand and touched the artificial turf but screamed and recoiled in pain as his hand was punctured by a large nail. The nail was holding a part of the display together. There was a dispute as to whether it was a nail or a staple, but regardless of the source, the puncture wound became infected. Calvillo was required to take a antibiotics for the infection which did work. However, Calvillo was still complaining of RSD symptoms in his hand and upper extremity. This injury was even worse for Calvillo because it was in his dominant hand.

Calvillo filed suit against Menards, claiming negligence on their part for the poor construction of the lawnmower display. More specifically, he alleged Menards created a hazard and failed to maintain the display. The case was tried for three days and a jury deliberated for 90 minutes, assessing 60% fault to Menards and 40% fault to Calvillo. The jury also awarded Calvillo $450,000, but this was reduced by the 40% for comparative fault for a grand total of $270,000.

If you or a loved one have been affected by an accident or death, contact an experienced personal injury attorney at Hurst Limontes, LLC. We have decades of combined experience fighting for our clients in any number of personal injury claims. Call 317-636-0808 or email us for a free and confidential consultation.