HOUSTON - A Katy woman is suing Home Depot U.S.A. Inc. after an object allegedly fell on her at one of its stores.

Asserting the incident occurred at a Home Depot in her city, Carol Penn launched the litigation in Harris County District Court in August.

The lawsuit was removed to the Houston Division of the Southern District of Texas on Oct. 18.

Penn was at the business in question on Aug. 24, 2011, looking at large rugs that were on display when a large rolled rug "fell on the plaintiff's neck and back from the shelving," court documents say.

According to the suit, the large rolled rugs were not secured to the shelving to prevent them from toppling on top of customers.

"Such condition constituted an unreasonably dangerous condition of which the defendant actually knew or should have known pursuant to a reasonable inspection of its premises," it says.

"The defendant knew or should have known of the unreasonably dangerous condition posed by the unsecured large rolled rugs and debris accumulated behind the rugs on the shelving."

Home Depot is faulted for:

  • Failing to maintain the common area in a reasonably safe condition;

  • Failing to inspect the premises where the dangerous condition existed;

  • Failing to correct the condition by taking reasonable measures to safeguard persons who entered the premises; and

  • Failing to warn the plaintiff of the dangerous condition existing on the premises.

Consequently, Penn seeks no more than $74,500 in damages and a jury trial.

She is represented by attorney Roger A. Sullivan of Smith & Hassler in Houston.

Case No. 4:13-CV-3083

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