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FLORIDA RECORD

Saturday, September 28, 2024

Customer Sues BJ’s Wholesale Club Over Negligence Leading to Serious Injuries

State Court
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A recent court filing has thrust a major retail chain into the spotlight over allegations of negligence that led to significant injuries for a customer. The complaint, filed by Riana Vorster in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida on June 12, 2024, targets BJ’s Wholesale Club, Inc. and an unnamed store manager at its Clearwater location.

According to the court documents, Vorster's lawsuit stems from an incident on April 15, 2023, when she visited the BJ’s Wholesale Club as a business invitee. While walking through the parking lot of the store located at 26996 US HWY 19N in Clearwater, she tripped over an uneven piece of cement or curb. This fall resulted in serious injuries that Vorster claims have caused her pain and suffering, disability, disfigurement, permanent scarring, loss of enjoyment of life, medical expenses, and lost earnings.

Vorster alleges that both BJ’s Wholesale Club and its store manager failed in their duty to maintain a safe environment for customers. The complaint asserts that the store manager was responsible for daily operations and ensuring the premises were kept clean and safe. It accuses them of failing to conduct reasonable periodic inspections to discover and remove dangerous hazards before they could cause injury to business invitees like Vorster.

"Defendant breached these duties by negligently failing to maintain or adequately maintain the premises," states the complaint. Additionally, it claims that BJ’s Wholesale Club had either actual or constructive knowledge of the tripping hazard prior to Vorster's fall but did nothing to rectify it. The lawsuit details several alleged lapses including failure to inspect or warn about hazardous conditions and inadequate training of employees to identify such dangers.

Vorster is seeking damages exceeding $50,000 from both defendants for their alleged negligence. She demands judgment plus interest and costs and requests a trial by jury on all issues so triable.

The case is being handled by Blake R. Carl from Morgan & Morgan P.A., with Carl listed as the attorney for Plaintiff Riana Vorster. The filing was electronically submitted by Ken Burke, Clerk of the Circuit Court for Pinellas County under Case Number: 24-002614-CI.

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