HOUSTON — Home Depot is facing a negligence claim after a boom lift fell on a worker's foot at its store in Katy.
Gabriel Xavier filed a complaint April 16 in Harris County District Court against Home Depot U.S.A. Inc., alleging negligence.
Xavier alleges in his suit that on Aug. 5, 2019, he was working at the Home Depot on North Fry Road in Katy and was attempting to secure a returned boom lift when the lift fell on his foot. He claims he suffered "serious and permanent" injuries and that Home Depot negligently failed to provide a "reasonably safe" working environment.
Xavier also claims Home Depot did not use "ordinary care" to establish rules and regulations regarding employee safety including not furnishing safe equipment, machinery or instrumentalities. He alleges Home Depot also failed to warn or supervise the work of its employees.
Xavier seeks monetary relief between $1 million and $10 million, interest, trial by jury and all other just relief. He is represented by Michael Lowenberg and Keith Bakker of The Lowenberg Law Firm in Houston.
Harris County District Court case number 2021-22591