Home Depot Forklift Accidents

Orange County, Florida

1. Winter Park Home Depot (#6349), 5351 Diplomat Circle, Orlando, FL 32810
2. West Colonial Home Depot (#261), 7022 W Colonial Dr., Orlando, FL 32818
3. East Colonial Home Depot (#0266), 6130 E Colonial Dr., Orlando, FL 32807
4. Oviedo Home Depot (#0287) 1900 W State Rd 426, Oviedo, FL 32765
5. Casselberry Home Depot (#0262), 3455 S Us Hwy 17-92, Casselberry, FL 32707
6. Millenia Home Depot (#6367), 4403 Millenia Plz Way, Orlando, FL 32839
7. Orlando Se (#6869)  Home Depot, 7007 Narcoossee Rd., Orlando, FL 32822
8. Alafaya Trail (#6331) Home Depot, 350 N Alafaya Trail Orlando, FL 32828

Regardless of location, The Datny Law Firm can help accident victims injured at Home Depot throughout Florida. With so many different products, stacked to the rafters on scaffolding, or in the aisles and at the registers, accidents are bound to happen. Whether you slipped and fell due to liquid leaking from a refrigerator near the register, tripped and fell on broken flooring inside the store, were bit by a customer dog off its leash, hit in the head due to falling product, or run over by a forklift, our Home Depot Lawyer in Florida can help. 

If you were hurt in a Palm Beach County Home Depot (Wellington, Lake Worth, West Palm Beach, Lantana, Royal Palm Beach), or an Orange County Home Depot (Winter Park, Orlando, Oviedo, Casselberry), or elsewhere, you will want to consult a personal injury lawyer with experience handling claims against Home Depot. At The Datny Law Firm, we have handled more than two dozen Home Depot injury claims since our founding and have the knowledge, wherewithal and ability to navigate the complicated and hostile claim process with Sedgwick to achieve a successful outcome for our Clients. Do not trust a lawyer to handle your Home Depot case that dabbles in personal injury or has never handled a claim against Home Depot. The Datny Law Firm focuses 100% of its practice on personal injury and has helped many victims recover against Home Depot. For a FREE consultation, call us any time at 561-221-7474. 

Forklift Accidents at Home Depot 

Forklifts can weigh up to 10,000 pounds and travel 18 miles per hours. They are used to lift heavy loads weighing thousands of pounds up and down. Used properly, they are a huge help when employees need to move large amounts of products, pallets and other big items up/down or from one location to another. But for all their usefulness, forklifts are also highly dangerous especially when used improperly. The reality is that forklifts are responsible for more than 35,000 workplace accidents annually, including more than 100 fatal injuries each year to employees and customers. 

Home Depot has safety procedures for employees using forklifts to avoid such accidents, but they are not always consistently followed leading to injuries to customers or other employees. In fact, companies like Home Depot that use forklifts also have a responsibility to follow the safety guidelines set by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). However, inadequate training leads to incorrect operation of forklifts causing accidents with serious, life-changing injuries.  

When Home Depot employees fail to follow internal policies/procedures for safe operation of forklifts or violate OSHA guidelines resulting in injury to innocent customers, the store is responsible under Florida tort law for its employee’s negligence as well as all of your causally related damages. 

Common Home Depot Forklift Accidents

Some of the most frequent accidents involving forklifts at Home Depot and elsewhere include:

• Forklifts hitting pedestrians at Home Depot 
• Forklifts hitting cars at Home Depot
• Forklifts hitting shelving or scaffolding at Home Depot resulting in product falling onto customers or employees.
• Forklift rollovers at Home Depot
• Falls from forklift forks at Home Depot
• Falling loads from forklifts at Home Depot
• Mechanical failure forklift accidents at Home Depot
• Blocked sight, obstructed vision, distracted driving forklift accidents at Home Depot including failing to use a spotter while operating the machine
• Operator error, speeding, turning too fast resulting in Forklift accidents at Home Depot

Notwithstanding the above, it is apparent the root cause of most forklift accidents is inadequate education, testing, training and supervision by Home Depot of its employees in forklift operation leading to unnecessary and predictable injuries to innocent bystanders. 

Forklift Safety Rules

According to OSHA, forklift operators should follow the below rules to avoid workplace accidents that lead to employee and customer injuries. 

• Inspection: the operator should always inspect the condition of the forklift before operation. 
• Seatbelts: Operators should always wear a seatbelt on forklifts that have them just the same as any other moving vehicle. The operator can get ejected and injured on collision if the safety harness is not utilized.
• Avoid Misuse: forklifts should be used in accordance with the manufacturer’s instructions. They should not be used in a contrary manner or for any purpose other than the job at hand. Common employee misuse of a forklift includes travelling too fast for conditions, racing against other employees, giving rides on the forklift or using it to lift people. Most forklifts are intended for a single user and not multiple riders. The forklift should also not be used to hit or hammer fixed objects. 
• Sound Horn: at cross aisles or obstructed areas including blind intersections the forklift operator should sound the horn to warn others in the area before slowly proceeding forward with caution. Impact injuries can occur when the forklift operator blindly turns a corner without alerting pedestrians by sounding the horn.
• Raising/Lowering Loads: should only be performed when the forklift is stationary. It is well accepted that loads should not be maneuvered (raised/lowered) while travelling. They can shift, move or fall onto adjacent bystanders resulting in injury. 
• No Smoking: while operating the forklift or in refueling or charging areas as the same could lead to ignition of flammable materials such as fuel or batteries. 
• Load Limits: never exceed the rated load limit for the forklift and ensure it is stable and balanced during use. 
• Mindful of Surroundings: keep a safe distance from platform and ramp edges while using the forklift to avoid toppling over. The operator must also be aware of his/her surroundings to avoid hitting other vehicles, workers, pedestrians. This includes being spatially aware of your surroundings to ensure safe distance and clearance to raise/lower the forklift. When companies like Home Depot fail to ensure their employees are properly trained in proper forklift operation and safety procedures

Proper employee forklift safety training minimizes accidents with injuries. When companies like Home Dept fail to train their employees on safe operation of forklifts leading to customer injury, they are liable and should be held accountable for your damages. 

Damages Recoverable for Home Depot Forklift Accidents

After a Home Depot accident with injury, whether involving a forklift, slip and fall, or falling product, once liability is established, you are entitled to recover all of your causally related damages including:

• Medical expenses, past/present/future.
• Lost income, past/present/future
• Lost future income including reduced earning capacity
• Permanent disability
• Scarring and disfigurement
• Pain and suffering including decreased quality of life, emotional trauma/mental distress
• Loss of consortium (companionship and fellowship)
• Wrongful death (where applicable)

It is important to note that establishing damages is complicated and entirely evidence driven. Having skilled and experienced legal counsel is essential to proving damages, gathering the necessary support (tax returns, bank records, medical bills, need/cost reports for future care, life care plans, expert reports, etc.) and making the case for maximum recovery. Accident victims with legal counsel recover much more than without an attorney. Don’t leave thousands of dollars in needed compensation behind after a forklift or other Home Depot accident. Contact The Datny Law Firm today to discuss your accident and get a free case valuation.

How Much Time Do I Have To File A Forklift Accident Case in FL Against Home Depot? 

Florida Statutes § 95.11(3)(a) has established a two-year time frame (from the date of the accident) for filing a personal injury claim against Home Depot for all accidents taking place after March 24, 2023. Once that time has expired, you can no longer collect any compensation. 

Should a person die because of their injuries at Home Depot, it becomes a claim for Wrongful Death. In this case, the victim’s spouse or other family members can bring a claim up to two years after the date of death, even if the death occurred weeks or months after the accident. 

Two years may seem like a long time, but it is not when it comes to the claim process. Investigating accidents, collecting evidence, interviewing witnesses, treating medically, having surgery, negotiating with insurance companies, and possibly filing a lawsuit takes a lot of time. Time is of the essence after an accident-injury claim. Waiting too long could negatively impact your claim or even end it entirely. The best practice after an accident is to seek prompt legal representation from a skilled and experienced Home Depot Accident Attorney like David B. Datny at 561-221-7474.

How Much Does a Home Depot Accident Lawyer Cost? 

The Datny Law Firm does not charge anything upfront. There is no fee to meet and discuss your case either. 

The Datny Law Firm handles all Home Depot Accident cases on a “contingency fee basis.” This means there is no fee unless we settle your case. If there is no settlement, you owe us nothing for our time or costs. 

Should we settle your case outside of court, our fee is 33 ⅓ %, which is standard in the State of Florida and consistent with the Florida Bar’s guidelines for personal injury matters. If we must litigate your case, or take it to trial, our fee is 40% of the total settlement amount.

Home Depot and its insurer, Sedgwick, have a team of lawyers working tirelessly to minimize, diminish or deny your claim. Their goal is to pay you nothing or as little as they can. Shouldn’t you have your own lawyer looking after your rights and fighting just as hard to ensure your physical and financial recovery? Don’t go it alone. Hire a skilled and experienced Home Depot Accident Lawyer like David B. Datny at The Datny Law Firm. 

See our Home Depot Accident Injury Guide for additional information about what to do if you experience a forklift or other accident in Home Depot in Florida.