A man has filed a premises liability lawsuit against Starbucks after he was injured visiting one of the company’s stores.
Kenneth Gotsch filed his complaint earlier this year in St. Louis County Circuit Court against Starbucks Corporation. Starbucks removed the case to federal court September 6.
According to the original complaint, Gotsch says he was visiting a Starbucks location in Creve Coeur on January 31, 2022, with some friends. As he and his friends were walking into the store, Gotsch says he slipped on ice and/or snow in the parking lot and was injured, most notably his knee.
He says one of his friends helped him up, and they went into the store and placed their order. Gotsch says he told the barista at the counter of his fall, but he says the employee did not ask for more information or ask him to make an incident report.
On February 4, 2022, Gotsch says he presented to St. Luke’s Emergency Room because of left leg redness, swelling, rash and drainage on his knee.
He accuses Starbucks of premises liability, saying the company should have known of the dangerous condition of the parking lot because of the ice and snow. He says the company failed to keep the thoroughfare reasonably safe and created a dangerous condition by allowing the unsafe condition to exist and by failing to remove the ice and snow or alerting customers of the situation.
Gotsch also accuses Starbucks of negligence. He seeks compensatory damages, interest, court costs, attorney fees and other relief.
In addition to removing the case to federal court, Starbucks denies the allegations in the complaint.
Under Missouri law, premises liability cases typically involve a property owner’s responsibility for injuries that occur on their property due to unsafe or hazardous conditions. Common forms of premises liability claims include slips and falls, dog bites and negligent security.
The injured party in a premises liability case also needs to demonstrate the property or business owner knew about a hazardous condition but failed to address it or provide sufficient warning.
The plaintiff is being represented by Shaun M. Falvey of Goldblatt & Singer in St. Louis. Starbucks is being represented by Kara T. Stubbs and Robert F. Chandler of Baker Sterchi Cowden & Rice in Kansas City and St. Louis, respectively.
U.S. District Court case number 4:24-cv-01217 (St. Louis County Circuit Court case number 24sl-cc01908)