A Pennsylvania woman is suing Lowe’s after she was attacked by a raccoon in the store’s lawn and garden section. According to the complaint, the raccoon clawed her foot, forcing her to undergo the full rabies vaccine series, which then triggered a serious vaccine injury and long-term health complications.
This is more than an attention-grabbing headline. It’s a good example of premises liability and a store’s legal responsibility to keep customers safe.
A Closer Look at the Lowe’s Raccoon Encounter
On June 6, 2024, Lisa Halstead was shopping at her local Lowe’s Home Improvement store in a suburb of Pittsburgh, Pennsylvania, when she was clawed by one of three “resident raccoons” in the store’s garden center. In the court filing, Halstead claims she was shopping for flowers when she “felt a pain in her left foot and looked down to see three raccoons under the shelf near her feet.”
According to the complaint, Halstead quickly pulled her foot away, but not before one of the raccoons left a claw mark on the top of her left foot. She immediately reported her injury to a Lowe’s worker and was told that the store was aware of the raccoons’ residence in the garden center. Halstead requested that the offending raccoon be trapped and tested for rabies. The store’s manager showed Halstead a group text he sent to the store’s management team, stating that Halstead must be contacted once “animal control” arrived.
But, Halstead claims, no one from the store where the incident occurred (Lowe’s Robinson) or Lowe’s corporate office followed up with her, even after multiple contact attempts by her and her husband.
According to the U.S. Centers for Disease Control and Prevention (CDC), those exposed to rabies should receive two doses of the vaccine, given on days 0 and 7. Some people may need up to four doses of the rabies vaccine over two weeks. With her health on the line, Halstead moved forward with the rabies vaccine protocol, a decision she says she was forced to make because Lowe’s never confirmed whether the raccoon had been captured or tested.
Court filings indicate that Halstead and her husband would later learn that “animal control” referenced by the store manager was actually a private extermination company the store hired for these matters.
If getting bitten by a rogue raccoon while you’re shopping for florals and having to undergo the rabies vaccine series isn’t bad enough, it gets worse for Halstead.
After receiving the rabies vaccine, Halstead experienced serious symptoms, including sharp neck pain, tingling in her lips, and sudden hearing loss. Then, Halstead was unable to control her left eyelid and lost all feeling on the left side of her face. She was diagnosed with Bell’s palsy, triggered by the rabies vaccine.
The Legal Claims in Halstead’s Case Against Lowe’s
Halstead’s lawsuit brings multiple legal claims against Lowe’s:
- Negligence and gross negligence
- Intentional and negligent infliction of emotional distress
- Fraudulent nondisclosure
- Negligent misrepresentation
Halstead argues that Lowe’s didn’t protect customers from a known danger and then failed to act responsibly after her injury. She seeks compensation for medical costs, pain and suffering, emotional distress, loss of enjoyment of life, as well as punitive damages.
How Is Halstead’s Case Premises Liability?
Halstead’s lawsuit against Lowe’s is a textbook example of premises liability, or the legal duty businesses and property owners owe to patrons and guests to keep their land and buildings safe.
There are several premises liability elements in Halstead’s complaint. Namely, Halstead’s status as a “business invitee.” As a paying customer, Halstead is entitled to the highest level of legal protection under Pennsylvania law. Lowe’s owed her a duty of care, one that Halstead argues they failed to provide.
According to the complaint, Lowe’s was aware of a dangerous condition and failed to address it. The complaint states that store staff and management knew about the raccoons in the garden area for a week and didn’t address the danger they posed to customers. Raccoons are known to carry rabies and pose an obvious risk. Lowe’s failure to remove them led to foreseeable harm to Halstead.
What Should I Do if I’m Injured at a Store?
If you’re hurt while at a business, a few key steps can both prioritize your health and strengthen a potential claim:
- Report the incident immediately. Ask a manager to create an incident report and request a copy.
- Take photos and gather evidence. Photograph the hazardous condition, your injuries, and the surrounding area. If anyone saw what happened, ask for their contact information. You may need these witnesses later if the store disputes your injury.
- Seek medical care immediately. Do this even if your injury seems minor, as some conditions can worsen later. Medical records also create a clear link between the incident and your injuries.
- Avoid giving detailed statements to the store or insurer. Do not speculate about fault or minimize your injuries. The store’s attorneys may use what you say to challenge your claim in court.
- Document everything after you leave and have received medical attention. Write down what happened, who you spoke with, and how your injuries or symptoms develop or change over time. Keep receipts for medical expenses, and other costs related to your injury. If you missed work and accrued lost wages, keep track of this as well.
It’s also a good idea to contact a personal injury lawyer for legal advice. They can assess your situation and determine if you have a viable personal injury claim. Most PI lawyers offer free case evaluations and work on a contigency basis, meaning they only get paid (through a percentage of your awarded damages) if you win or settle your case.
