A civil lawsuit alleges that a retail store’s failure to address a hazardous condition resulted in serious injuries to a minor customer, raising questions about safety practices for business invitees. The complaint was filed by Sabrina Schwenger, as parent and natural guardian of Evelyn Schwenger, a minor, in the Delaware County Court of Common Pleas on March 25, 2026, against TJX Companies, Inc., doing business as Marshalls and/or Marshalls of MA, Inc.
According to the filing, the incident occurred on or about May 20, 2023 at the Marshalls location at 515 D. McDade Boulevard in Glenolden, Pennsylvania. The plaintiff alleges that while shopping with her mother as a business invitee—a status which under Pennsylvania law requires retailers to exercise the highest duty of care—Evelyn Schwenger slipped and fell on lotion that had accumulated on the floor. The complaint states that there were no warning signs or barriers around the hazardous area and that it had not been cleaned or cordoned off by store staff.
The document outlines that Evelyn Schwenger suffered significant injuries as a result of the fall. These included “a closed fracture of the humerus,” injuries to her right wrist and knee, along with “associated pain and functional limitations.” The complaint further details that she experienced severe pain immediately following the incident and required prompt medical treatment including diagnostic imaging confirming the fracture. Ongoing orthopedic care and therapy were also necessary due to these injuries.
The lawsuit asserts that these injuries have had lasting effects on Evelyn Schwenger’s daily life: “The injuries significantly impacted Plaintiff’s daily activities, school participation, and recreational life.” It is alleged that she continues to experience pain and symptoms stemming from this event.
In support of their claim of negligence, the plaintiff argues that Marshalls failed in several key responsibilities: “Defendant failed to inspect, maintain, and/or properly monitor the floor of the premises” and did not correct or warn patrons about the dangerous condition despite allegedly having actual or constructive notice. The complaint states: “Upon information and belief, the dangerous condition existed for a sufficient period of time prior to Plaintiff’s fall such that Defendant knew or should have known of its existence.” It further contends that no warnings were provided near where Evelyn fell despite knowledge that families with children regularly used this area.
The legal arguments focus on allegations that Marshalls breached its duty by permitting a dangerous accumulation of lotion to remain on its floor without taking appropriate action. Specific failures cited include not placing warning signs or barriers around hazards; not implementing reasonable safety procedures; failing to supervise employees responsible for floor maintenance; allowing a dangerous condition to persist for an unreasonable period; and generally acting negligently under these circumstances.
As relief from the court, Sabrina Schwenger seeks compensatory damages exceeding $50,000 exclusive of interest and costs. She requests additional remedies including delay damages, prejudgment interest, post-judgment interest, as well as any other costs deemed appropriate by the court. The filing specifies claims for serious bodily injury, pain and suffering, emotional distress, loss of life’s pleasures, medical expenses (both current and future), among other damages recoverable under Pennsylvania law.
The attorneys representing Sabrina Schwenger are Austin R. Freundlich (I.D. #205670), Gregory C. Littman (I.D. #306806), and Dalton Spitznogle (I.D. #336605) from Freundlich & Littman LLC based in Philadelphia. The case was filed under Delaware County Court ID No., with documentation submitted through official channels at 10:56 AM on March 25th.
Source: CV2026002691_Sabrina_Schwenger_v_TJX_Companies_Complaint_Delaware_County_of_Pennsylvania.pdf
