In a recent legal filing, Jose J. Smart has lodged a personal injury complaint against Home Depot USA, Inc. The lawsuit was filed on May 21, 2024, in the Harris County Civil Court at Law, Houston, Texas. Smart alleges that he sustained injuries due to negligence and premises liability on the part of Home Depot.
According to the court documents, Smart's complaint arises from an incident that occurred on June 2, 2023. On this date, Smart reportedly slipped and fell due to wet paint spilled in the parking lot of a Home Depot store located in Houston. The plaintiff asserts that the hazardous condition was under the sole control of Home Depot USA.
The complaint outlines several key elements to support Smart's claim. It is alleged that Home Depot had actual or constructive knowledge of the spilled paint condition in their parking lot but failed to provide adequate notice or take steps to mitigate the risk. "Home Depot did not exercise reasonable care to reduce or eliminate this harm," states the complaint. As a result of this negligence, Smart contends that he suffered significant injuries.
Smart further argues that the condition at Home Depot’s premises posed an unreasonable risk of harm because it was foreseeable that such an event could occur. "Foreseeability does not require the exact sequence of events that produced injury to be foreseeable," notes the filing, emphasizing that any reasonably prudent person would have anticipated some form of damage resulting from such conditions.
In terms of relief sought, Smart is asking for damages amounting to $28,860.00. This sum includes medical expenses incurred thus far and emotional distress among other factors affecting his ability to fully recover from his injuries and humiliation caused by the fall. The plaintiff is also seeking additional reliefs including attorney fees and court costs as deemed appropriate by justice and equity.
Representing Jose J. Smart is attorney Albert Morris from the Law Offices of Albert O. Morris, P.C., based in Houston, Texas. The case has been assigned Case Number 1228214 and will be presided over by judges at Harris County Civil Court at Law.