A New York appellate court has reversed a previous ruling that dismissed a personal injury lawsuit against Home Depot. The decision allows Michael Joseph Simon to proceed with his case after he allegedly tripped over a forklift in a Home Depot store. This ruling impacts how similar cases involving accidents on commercial properties are handled in the future.
The incident occurred when Simon was attempting to load a heavy board, known as "five quarter decking," into his shopping cart. He claims that the forklift, which was parked in an aisle, obstructed his movement and caused him to trip, resulting in injuries. The case, Simon v. Plainview Avenue Associates, was filed under docket number 2025-01291.
Simon filed his lawsuit against Home Depot U.S.A., Inc., and Home Depot Store #1208, seeking damages for his injuries. The defendants argued that the forklift's position was open and obvious, meaning Simon should have seen it and avoided it. They claimed that they were not responsible for the accident because the condition was not inherently dangerous.
The case reached the Appellate Division of the Supreme Court of the State of New York after the Supreme Court in Nassau County ruled in favor of Home Depot. On January 8, 2025, the lower court granted Home Depot's motion for summary judgment, effectively dismissing Simon's complaint against them. Simon then appealed this decision, leading to the recent ruling.
In its ruling on September 2, 2026, the appellate court found that the lower court had erred in granting summary judgment to Home Depot. The court stated, "The defendants' submissions failed to eliminate all triable issues of fact as to whether the forklift was open and obvious and not inherently dangerous." The judges emphasized that whether a hazard is open and obvious often depends on the specific circumstances of each case.
The court highlighted that Simon's testimony raised questions about the safety of the forklift's location. He indicated that he could not place his cart directly next to the shelving where he was retrieving the decking due to the forklift's presence. This created a potential hazard that needed further examination.
Judge Hector D. Lasalle led the panel that included Judges Francesca E. Connolly, Janice A. Taylor, and Elena Goldberg Velazquez. The ruling underscores the importance of evaluating the specific facts of each case when determining liability for accidents on commercial properties.
This decision has significant implications for future personal injury cases involving accidents in stores and other public places. It reinforces the idea that businesses must maintain safe environments for their customers and that the presence of hazards must be assessed in context.
As a result of this ruling, Simon's case against Home Depot will proceed to trial, where the facts will be examined in detail. This case could set a precedent for how similar cases are handled in New York, particularly regarding the responsibilities of property owners to keep their premises safe.
Looking ahead, it is unclear whether Home Depot will seek to appeal this ruling to a higher court. If they choose to do so, it could delay the trial process. There may also be related cases pending that could be influenced by this decision, but details were not available in the court filing.