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FLORIDA RECORD

Thursday, September 19, 2024

Customer Sues Retail Giant Dillard's Over Slip-and-Fall Incident

State Court
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A slip-and-fall incident at a major retail store has led to a lawsuit that could have significant implications for business operations and customer safety standards. On August 20, 2024, Elena Iorsh-Vasker filed a complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, against Dillard’s, Inc., seeking damages exceeding $50,000.

The complaint outlines the events leading up to the lawsuit. Elena Iorsh-Vasker, a resident of Pinellas County, was shopping at Dillard’s Clearwater location on February 19, 2024. According to the filing, while navigating through the store as a business invitee, she encountered a liquid substance on the floor that caused her to slip and fall. The suit alleges that Dillard’s failed in its duty to maintain safe premises for its customers.

The plaintiff claims that Dillard’s had possession and control over the premises and therefore bore responsibility for ensuring it was free from hazards. "Defendant owed a non-delegable duty to Plaintiff to provide reasonable care for her safety," reads one part of the complaint. It further accuses Dillard's of several acts of negligence including failing to maintain or adequately inspect the area where the dangerous condition existed, failing to warn patrons like Iorsh-Vasker about potential dangers, and not taking adequate steps to correct known hazards.

The allegations are extensive: "Negligently failing to repair and maintain said premises... negligently failing to train its employees... negligently operating its store by allowing liquid onto the store’s floors," among others. The complaint also asserts that these failures directly resulted in Iorsh-Vasker's injuries which include bodily harm, pain and suffering, mental anguish, loss of earnings, and other long-term effects.

Elena Iorsh-Vasker is seeking judgment for damages against Dillard's along with costs and interest. She demands a jury trial on all issues so triable. The attorneys representing her are Christopher T. Murphy and Zachary A. Leacox from Norden Leacox PLLC.

This case is being overseen by Judge Ken Burke under Case Number 24-003719-CI.

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