An 84-year-old Florida man is suing Waffle House after becoming “distracted” by a window ad for the limited-edition Strawberry Shortcake Waffle and suffering a gnarly fall.
Plaintiff Edward Bowlds was allegedly hypnotized by the picture of the breakfast confection and stumbled over an “abnormally high” curb, falling face-first into the concrete pavement, The Independent reported, citing federal court filings.
“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 alleges.
The lawsuit accuses the Waffle House in Bartow, Florida, of “[i]ncreasing the risk of harm beyond ordinary conditions by prioritizing marketing and visual appeal over pedestrian safety,” and claims the window advertisements were unnecessary and “intended to attract and hold the attention of patrons approaching on foot.”
The lawsuit alleges that the combination of the high curb, a lack of warning paint, and the distraction of the window advertisement created “dangerous conditions,” the report continues.
Bowlds reportedly tore his rotator cuff from the fall. The lawsuit alleges that he has $25,000 in medical bills from the ordeal and is now largely bound to his home recliner and living a “sedentary lifestyle.”
Attorney W. Lee Clark, who is representing Bowlds, told the outlet that his client “is recovering from his injuries, but unfortunately he will deal with pain and limitations the rest of his life.”
“Mr. Bowlds feels strongly that Waffle House was negligent, and he is eager to have his day in court to prove it,” Clark said.
A spokesperson for Waffle House did not respond to the outlet’s request for comment by time of publication.
However, in an answer to the allegations on March 15, Waffle House denied responsibility and said the property is “maintained in a reasonably safe condition.” The restaurant chain also said Bowlds “failed and neglected to use reasonable care to protect himself,” and that the raised curb was “open and obvious” to all.
“Bowlds and his wife, who is his co-plaintiff in the suit, would have accepted a settlement of $300,000, the letter said. When Waffle House declined the offer, the pair filed suit,” according to the report.
Dorothy Bowlds alleges in her part of the suit that she has sustained “loss of comfort, companionship, fellowship, company, cooperation, aid, affection, solace, society, assistance, and consortium of her husband.”
The pair are seeking a money judgment for damages, plus interest, lawyers’ fees, and court costs, per the report.
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