Waffle House is being sued. An 84-year-old filed a lawsuit against the popular breakfast chain. He claims a window sign advertising strawberry shortcake waffles caused him to fall.
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He ended up smacking his face into the pavement. Apparently, he also tore his rotator cuff. Now, he wants compensation from Waffle House.
"While navigating the parking lot and stepping up the abnormally high curb, Plaintiff Edward Bowlds' attention was distracted by the advertisements, and he unknowingly tripped and fell over the curb, which resulted in severe and permanent injuries," the complaint reveals.
The incident happened at a Waffle House in Florida. The lawsuit alleges that the location focused on "prioritizing marketing and visual appeal over pedestrian safety."
"In other words, these advertisements were for customers already at the restaurant who were already predisposed to dining at the restaurant but were still ambulating across the parking lot and onto the sidewalk," the complaint said.
Waffle House Sued
The lawsuit alleges that the sign, curb height, and lack of warning paint created a dangerous trio for customers.
"Waffle House, by providing signs in the windows, is inviting its customers to take their attention away from the hazards of the parking lot and curb to read the displays," it also read. The suti suggested it would be "disingenuous for Waffle House to suggest that Mr. Bowlds should have been watching where he was walking when it was Waffle House who distracted his attention away from where he was walking."
However, the company denied the allegations, saying it is not responsible. The company turned down a $300,000 settlement to avoid a court case. The company claims the location grounds "are maintained in a reasonably safe condition." It also claimed the man "failed and neglected to use reasonable care to protect himself."
The curb was also allegedly open and viewable.
"Therefore," it says, "Defendants did not have a duty to warn Plaintiff Edward Bowlds of the alleged condition described in Plaintiffs' operative Complaint."
