
If you were hurt at a Home Depot anywhere in Missouri — St. Louis, Kansas City, Springfield, Columbia, St. Charles, or beyond — you’re not alone.
Big-box home-improvement stores pack towering shelves, heavy merchandise, forklifts, slick aisles, cart traffic, and crowded parking lots into one space. One careless policy, one ignored spill, or one poorly stacked pallet can change your life in seconds.
This comprehensive guide explains your rights under Missouri law, the most common Home Depot injury scenarios, what to do immediately after an incident, how to prove fault, what your case could be worth, and how Sansone & Lauber builds winning claims against national retailers and their insurance teams.
It’s written to be plain-English, step-by-step, and ruthlessly practical — so you can make smart moves now that strengthen your case from day one.
Quick Answer: What Should I Do After a Home Depot Injury in Missouri?
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Report the incident immediately to a manager and request an incident report. Ask for a copy or, at minimum, the incident number and manager’s name.
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Photograph everything: the hazard (liquid, debris, broken item, pallet, ladder), aisle signs, lighting, your clothes/shoes, visible injuries, and any “wet floor” cones (or lack thereof).
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Get witness names and phone numbers. Store surveillance captures a lot, but independent witnesses are powerful.
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Save your shoes and clothing in a bag (don’t wash them). Defense lawyers often blame footwear.
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Seek medical care the same day. Tell providers exactly how and where it happened. Follow all treatment plans.
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Preserve evidence: Keep receipts, home-improvement lists, purchase carts, and any texts with family about the incident.
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Do not give a recorded statement to the insurance company before you talk to a lawyer.
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Call a Missouri premises liability lawyer — like Sansone & Lauber — to send a surveillance-preservation letter and take control of communications.
Why Home Depot Injuries Happen
Home Depot locations are engineered for volume and vertical storage. That combination creates recurring risks:
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Slip and falls on water, cleaning solutions, spilled paint, sawdust, or mud tracked from the garden center.
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Trip and falls on pallets, broken boards, loose mats, protruding display edges, zip-ties, or abandoned stocking tools.
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Falling merchandise from overhead racking (boxes, doors, lumber, appliances, tile, lighting fixtures).
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Forklift and pallet jack incidents during active stocking or customer hours.
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Defective or poorly maintained shopping carts causing crashes or finger/hand injuries.
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Improper ladder use encouraged by staff (or unblocked ladders left accessible).
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Automatic door malfunctions striking customers or trapping limbs.
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Parking lot hazards — potholes, crumbling curbs, ice/snow accumulation, poor lighting, and cart-corral collisions.
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Garden center hazards — wet, algae-slick concrete, hose runoffs, loose gravel, and falling pottery or landscaping stones.
Each of these scenarios is foreseeable. That matters under Missouri premises liability law, because stores must use reasonable care to inspect for hazards, fix them, or warn customers in time.
Missouri Law 101: Your Rights After a Store Injury
Premises liability in Missouri holds property owners and occupiers (like Home Depot) responsible when their negligence causes injuries to lawful visitors (customers). To win, you generally must prove:
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A dangerous condition existed (spill, debris, falling stock, etc.).
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Home Depot knew or should have known about it (actual or constructive notice).
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They failed to fix it or warn you within a reasonable time.
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You were injured and suffered damages (medical bills, lost wages, pain, etc.).
What counts as “notice”?
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Actual notice: Employees knew about the hazard — e.g., a worker saw the spill or moved the box that later fell.
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Constructive notice: The hazard existed long enough that reasonable inspections should have found it — for example, dirty track-marks through a puddle suggest it sat for a while.
Missouri’s comparative fault rule
Missouri uses comparative fault, meaning your recovery can be reduced by your percentage of fault (e.g., if a jury says you were 10% at fault for ignoring a bright caution cone, your award is reduced by 10%). The defense will try to pin blame on you (footwear, distraction, “open and obvious” hazards). A skilled attorney anticipates and defuses those tactics.
How long do you have to file?
Missouri generally provides a five-year statute of limitations for most negligence-based injury claims. There are exceptions (such as claims involving public entities or wrongful death), so don’t wait — early action preserves video, witnesses, and inspection logs that can make or break your case.
Bottom line: You don’t have to figure this out alone. Sansone & Lauber can step in immediately to preserve video, secure evidence, and protect your rights.
Common Home Depot Injury Scenarios — and How We Prove Them
1) Slip & Fall on Spills, Water, or Debris
Evidence we secure:
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CCTV footage from all relevant cameras and angles (aisle entrances, endcaps, overhead views).
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Sweep/inspection logs to test whether employees actually inspected the area on schedule.
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Maintenance and spill response policies vs. what happened in your case.
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Employee statements (who was working the aisle, when stocking occurred, prior complaints).
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Your photos showing the condition (footprints through the liquid = time on the floor).
Defense playbook we beat:
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“We put a cone out” (but it wasn’t visible or was placed after your fall).
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“It just happened seconds before” (contradicted by dirty footprints, long spreading patterns, or customer complaints).
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“Bad footwear” (irrelevant if hazard would fell a careful shopper in normal shoes).
2) Falling Merchandise from Overhead Racks
Evidence we secure:
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Racking configuration & load guides, safety policies for overhead stock.
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Restocking logs and forklift movement data (who lifted what, when).
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Prior incidents involving the same aisle or product type.
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Employee training records on safe stacking, shrink-wrap, and safety stops.
Defense playbook we beat:
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“Customer pulled it” (angle of fall, box condition, and surveillance often say otherwise).
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“No history of problems” (internal reports and OSHA-style binders often reveal patterns).
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“We couldn’t foresee this” (towering, over-stacked pallets are inherently foreseeable risks).
3) Forklift & Pallet Jack Incidents
Evidence we secure:
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Operator certifications, shift assignments, and maintenance logs.
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Traffic control plans: cones, flaggers, rope-offs during active stocking.
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Training manuals and enforcement records.
Defense playbook we beat:
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“Customer walked into a restricted area” (where were the barriers? announcements?).
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“Operator followed procedure” (video timing, horn usage, speed, and turns often tell a different story).
4) Parking Lot, Sidewalk & Curb Injuries
Evidence we secure:
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Lighting studies (lux readings), repair work orders, plow/salt logs (for snow/ice).
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Prior complaints about the same pothole or broken curb.
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Property control documents: whether Home Depot or a landlord controls maintenance (we pursue all responsible parties).
5) Garden Center Hazards
Evidence we secure:
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Watering schedules and drainage/anti-slip policies.
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Slip-resistant mats and warning signage.
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Past incident reports for the garden center (wet, algae-slick surfaces are predictable).
“I Fell, But I Got Up — Do I Really Have a Case?”
Yes. Not all injuries are immediate. Adrenaline masks pain. Back and neck injuries, meniscus tears, and shoulder labrum tears often show up after inflammation sets in. See a doctor and document symptoms the same day — then follow through with prescribed care. Gaps in treatment are ammo for the defense.
What Your Home Depot Injury Case Could Be Worth
Every case is unique, but Missouri law recognizes these categories of damages:
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Medical bills (ER, imaging, surgery, therapy, pain management, future care)
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Lost wages and loss of earning capacity (if injuries limit your work)
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Pain and suffering (physical pain, loss of enjoyment, daily limitations)
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Scarring and disfigurement
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Out-of-pocket costs (medications, braces, travel to appointments)
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Household services (help you now need at home because of your injuries)
Value drivers we focus on:
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Clear evidence of notice (e.g., long-standing hazard, missed inspections).
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Video angles that capture the fall and pre-incident conditions.
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Credible medical causation linking the hazard to your injuries.
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Impact on your work, family life, and future function.
Pro tip: The store’s insurer may call with a fast, lowball offer — sometimes before you even finish treatment. Don’t settle blind. We pressure the insurer with evidence they can’t ignore.
How Sansone & Lauber Builds a Strong Home Depot Claim
We don’t just “file a claim.” We build a case. Here’s our typical playbook:
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Immediate evidence preservation
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Send a spoliation letter demanding the store preserve all surveillance, incident reports, photos, radio traffic, sweep logs, and restocking records.
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Request floor plans, camera maps, and maintenance policies.
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Scene and product investigation
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Return to the store for measurements, visibility assessments, lighting checks, and photographs.
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Identify which aisles/cameras cover the hazard from multiple angles.
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If merchandise fell: evaluate racking height, stability, wrap, and shelf stops.
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Medical proof & causation
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Coordinate with your treating doctors for clear diagnoses, narrative reports, and future-care plans.
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When appropriate, consult orthopedic, neurosurgical, or biomechanical experts.
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Witness development
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Contact independent witnesses quickly.
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When necessary, interview former employees who can speak to real-world safety practices vs. “official policy.”
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Liability & safety standards
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Compare the store’s actions to industry standards and their own manuals.
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Examine training and enforcement — not just what’s written, but what’s actually done on the floor.
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Economic damages modeling
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Document lost wages, benefits, and reduced capacity with employer records and vocational analysis.
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Negotiation pressure
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Package the claim with tight liability proof and medical support.
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Drive value with compelling visuals (annotated photos, timelines, and diagrams).
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Trial-ready posture
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We prepare like we’re going to trial — because serious preparation produces serious offers.
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What If Home Depot Blames Me?
Expect the defense to argue:
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“Open and obvious”: The hazard was visible. We respond by showing poor lighting, visual distractions, or non-obvious dangers (clear liquids, colorless cleaners).
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“Wrong shoes”: Irrelevant when reasonable care would have eliminated the hazard. We preserve your footwear and, if needed, test traction.
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“Comparative fault”: Even if a jury assigns a percentage to you, you can still recover the rest. We fight to keep that percentage minimal by proving failed inspections, ignored spills, or unsafe stocking.
Frequently Asked Questions (FAQ)
Do I have a case if I didn’t make a purchase?
Yes. Customers, browsers, and invitees are all owed reasonable care in a Missouri retail store.
The manager said they’d “take care of my bills.” Is that a settlement?
No. Verbal assurances are not binding settlements. Insurers may pay initial medical bills and later deny responsibility for the rest. Get it in writing and talk to a lawyer first.
What if I didn’t fill out an incident report?
It’s still possible to win, especially with photos, witnesses, and medical documentation. We will demand the store’s internal records and video.
I left the store without telling anyone. Is it too late?
No. Seek medical care now, and call a lawyer immediately to preserve video. Many stores overwrite footage within days.
I slipped on ice in the parking lot. Do I still have a claim?
Possibly. It depends on weather timing, de-icing efforts, drainage design, and who maintained the lot. We investigate ownership/maintenance contracts and weather logs.
A heavy box fell from a top shelf — no one saw it. Can I prove it?
Yes. Impact marks, box damage, racking wear, prior complaints, and video often tell the story, even without eyewitnesses.
Will filing a claim raise my insurance rates?
You’re pursuing Home Depot and its insurer, not your own auto or homeowners policy (except in narrow medical-payments scenarios). We explain coverage so you’re never in the dark.
Step-by-Step: How to Document Your Home Depot Injury Like a Pro
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Scene Photos (wide → mid → close)
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Wide shots show context (aisle number, endcap signs).
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Mid-range shows the hazard relative to your path.
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Close-ups capture texture (liquid sheen, debris thickness).
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Hazard Timeline
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Ask nearby shoppers: “Did you see this before I fell?”
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Note employee activity (stocking, cleaning) and how long the area looked wet/dirty.
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Your Condition
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Photograph bruising, swelling, cuts daily for the first 10 days.
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Journal pain levels, mobility limits, and missed work.
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Medical Consistency
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Tell each provider the same mechanism (e.g., “slipped on water near paint aisle at Home Depot”). Consistency strengthens causation.
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Keep Everything
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Receipts, incident numbers, discharge instructions, PT attendance, brace receipts, mileage to appointments.
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Call Sansone & Lauber
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We’ll preserve video, take over insurer calls, and protect you from tactics that reduce case value.
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How Insurance Companies Devalue Big-Box Store Claims — and How We Counter
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Early recorded statements: Adjusters push you to speculate or minimize symptoms.
Our fix: We handle all communications and maintain a consistent, accurate record. -
“Medical gap” arguments: They claim you weren’t hurt because you waited to see a doctor.
Our fix: We explain normal delays (childcare, work), tie symptoms to mechanics of injury, and rely on physician narratives. -
Preexisting condition blame: Prior back/neck issues? They’ll say everything is old.
Our fix: Missouri law allows recovery for aggravation of preexisting conditions. We obtain before-and-after comparisons and expert support. -
Low offers before full diagnosis: They float quick cash hoping you sign a release.
Our fix: We value the claim after diagnostic clarity, before negotiations, and back it with evidence they don’t want a jury to see.
Special Note on Workers vs. Shoppers
If you’re a Home Depot employee hurt on the job, your primary remedy is usually Missouri workers’ compensation (with potential third-party claims if an outside contractor caused your injury).
If you’re a customer/visitor, your claim is a civil premises liability case against the store and, sometimes, additional responsible parties (landlord, maintenance contractor, snow-removal company).
Unsure which bucket you’re in or whether multiple claims apply? We’ll sort that out for you.
Real-World Examples of Hazard Patterns We See
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Wet Aisle Without Cone: Spill sits long enough that cart tracks and shoe prints run through it. Employees walk by without action.
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Endcap Overload: Heavy, unstable appliances or tile stacked high on display edges with no restraint.
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Active Forklift, No Barriers: Customers allowed to pass under elevated loads or through stocking zones.
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Garden Center Morning Watering: Predictably slick surfaces with no mats or warnings at opening.
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Cart Corral Chaos: Runaway carts in sloped lots, poor corrals, and understaffed retrieval.
Each pattern is foreseeable and preventable — which is the heart of negligence.
Timeline of a Typical Home Depot Injury Case with Sansone & Lauber
Week 0–2: Intake & Preservation
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We interview you, send spoliation letters, and demand video & logs.
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You continue medical care; we coordinate imaging and specialists as needed.
Month 1–3: Evidence Buildout
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We secure policies, logs, maintenance records, and witness statements.
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We document injuries and lost wages; you follow treatment.
Month 3–6: Demand & Negotiation (If Medically Stable)
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Once treatment stabilizes or future care is predictable, we prepare a demand with liability proof, medical documentation, and economic analysis.
Litigation (If Needed)
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If the insurer lowballs, we file suit, conduct depositions, and push to trial — often prompting the fair offer you deserved from the start.
Mistakes That Can Hurt Your Case
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Delaying medical care (“I thought it would go away”).
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Posting on social media about the fall or your activities.
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Giving a recorded statement without counsel.
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Throwing away shoes/clothes worn during the incident.
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Missing appointments or ignoring treatment recommendations.
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Accepting a quick check for medical bills only (no compensation for pain, lost wages, or future care).
Avoid these pitfalls; we’ll help you stay on the strongest path.
Why Choose Sansone & Lauber for a Home Depot Injury in Missouri?
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Missouri-focused premises liability experience against big-box retailers and national insurers.
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Aggressive early-evidence strategy to lock down video, logs, and witness intel before it disappears.
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Trial-ready mindset that commands serious offers.
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Clear, consistent communication so you always know where your case stands.
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Contingency fees — you pay no attorney fee unless we win money for you.
When you’re up against a national retailer with deep pockets and legal teams on call, you need a Missouri law firm that treats your case like it’s going to trial from day one. That’s how you turn a “maybe” into a maximum recovery.
Your Next Move (It Matters)
If you or a loved one were injured at a Home Depot in Missouri, the clock on video retention and witness memory is already ticking. Contact Sansone & Lauber now for a free, no-pressure consultation. We’ll:
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Review your facts and injuries,
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Map out the evidence plan,
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Take over insurer communications,
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And fight for the full value of your claim.
No out-of-pocket fees. Never any recorded statements without protection. No guesswork. Just a strategic, Missouri-tested plan to get you the results you deserve.
FAQ (Extended)
Q: Should I talk to the store’s risk manager?
A: Be polite, but don’t provide recorded statements or speculate about fault. Direct them to your attorney.
Q: The store says there’s no video. Is my case over?
A: Not necessarily. Many stores have multiple camera angles and adjacent-aisle views. We also rely on logs, witnesses, and physical evidence.
Q: What if I slipped on something I dropped?
A: The store still has duties to inspect and maintain safe conditions. Timing, inspections, and responses matter.
Q: How long will my case take?
A: It depends on injury severity, medical recovery, and insurer cooperation. We push for full value and move quickly on evidence so you’re not dragged along.
Q: Can I get fired for making a claim if I’m an employee?
A: Workers’ comp claims are protected by law. If you’re a customer, your claim is against the store/insurer — not your employer.
Talk to a Missouri Home Depot Injury Lawyer Today
You deserve answers, treatment, and compensation — not runaround and blame. Sansone & Lauber has the strategy, resources, and courtroom grit to take on national retailers and win.
Injured in a Home Depot in Missouri? Reach out today for a free case evaluation at 314-863-0500 and immediate help preserving the evidence that can maximize your recovery.