Publix Super Markets accused of negligence after customer’s slip-and-fall incident

Florida 6th Circuit Pinellas County Joseph A. Bulone
Florida 6th Circuit Pinellas County Joseph A. Bulone
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A routine trip to a local supermarket turned into a legal battle as a customer accuses the retail giant of negligence following a slip and fall incident. Elaine Kirkhoff filed a complaint against Publix Super Markets, Inc. in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, on November 10, 2025. The lawsuit alleges that Publix’s failure to maintain safe premises resulted in significant injuries for Kirkhoff.

The incident occurred on April 10, 2025, when Elaine Kirkhoff visited the Publix store located at 500 E Lake Rd S, Palm Harbor, Pinellas County. As she walked through the parking lot, she slipped on a foreign substance and fell, sustaining severe bodily injuries. Kirkhoff contends that Publix had a nondelegable duty to ensure her safety as a business invitee but failed to uphold this responsibility. The complaint outlines several instances of alleged negligence by Publix and its employees. It claims that the supermarket chain did not adequately maintain or inspect the parking lot for hazards such as transitory foreign substances that could pose risks to customers like Kirkhoff.

The plaintiff accuses Publix of multiple failures: neglecting to warn about or rectify dangerous conditions in the parking lot; inadequately training staff to identify and address such hazards; and not enforcing corporate policies designed to prevent accidents like hers. According to Kirkhoff’s legal representation, these oversights contributed directly to her accident and subsequent injuries. “As a direct and proximate result of the negligence of Defendant,” states the complaint, “Plaintiff suffered bodily injury resulting in pain and suffering…and loss of earning capacity.” The document further details how these injuries have led to ongoing physical and emotional distress for Kirkhoff.

In response to these allegations, Elaine Kirkhoff seeks damages exceeding $50,000 from Publix Super Markets, Inc., exclusive of costs and interest. She demands judgment for compensation covering medical expenses, lost wages due to her inability to work post-accident, and other related losses stemming from what she describes as permanent or continuing harm caused by her fall at the supermarket’s premises.

Representing Elaine Kirkhoff is Joseph A. Kopacz from Morgan & Morgan Palm Harbor P.A., an experienced civil trial lawyer with board certification credentials. The case has been assigned Case Number 25-006330-CI.

Source: 25006330CI_Elaine_Kirkhoff_v_Publix_Super_Complaint_Pinellas_County_Florida.pdf



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