Navigation Plaintiff sues convenience store chain Thorntons over slip-and-fall injury
A slip-and-fall incident at a convenience store has led to a lawsuit that could have significant implications for business owners and their duty of care towards customers. On December 11, 2024, Joseph Fitzgerald filed a complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, against Baker-St. Pete TH LLC, doing business as Thorntons, and an unnamed store manager referred to as John Doe.
According to the complaint, Joseph Fitzgerald was a business invitee at the Thorntons store located at 1351 34th Street North in St. Petersburg on October 27, 2023. While on the premises, he slipped on what is described as a “transitory foreign substance” on the floor and sustained permanent injuries. The lawsuit claims that Baker-St. Pete TH LLC had both actual and constructive knowledge of this dangerous condition but failed to address it or warn patrons like Fitzgerald about it. The plaintiff accuses the defendants of breaching their non-delegable duty to maintain safe premises and warns of unsafe conditions.
Fitzgerald’s legal team argues that Baker-St. Pete TH LLC should have known about the hazardous condition due to its persistence over time or its regular occurrence, making it foreseeable. The complaint further alleges negligence on part of John Doe, the unknown store manager responsible for executing company policies regarding safety and maintenance at the store. Fitzgerald claims this negligence resulted in his fall and subsequent injuries, which include pain and suffering, mental anguish, loss of enjoyment of life, lost wages, and medical expenses—damages described as permanent and ongoing.
