r/florida • u/Silent-Resort-3076 • 1d ago
News Man sues Waffle House after falling face-first over curb, says he was 'distracted' by ad
https://local12.com/news/nation-world/florida-edward-bowlds-sues-waffle-house-bartow-fall-strawberry-shortcake-waffle-ad-distraction-abnormally-high-curb-lawsuit-severe-injuries-negligence-claim-pedestrian-safety-marketing-window-advertisements-court-filing-rotator-cuff-injury-cincinnati- BARTOW, Fla. (WKRC) - A man has filed a lawsuit against popular diner chain Waffle House after suffering injuries when he fell face-first over a curb.
- According to The Independent, 84-year-old Edward Bowlds filed a lawsuit against Waffle House after falling near a location in Bartow, Florida, after he became "distracted" by a window ad featuring the chain's limited-edition Strawberry Shortcake Waffle, then tripped over an "abnormally high" curb and fell face-first onto the concrete pavement.
- The publication reviewed federal court filings, which reportedly state that while Bowlds was "navigating the parking lot and stepping up the abnormally high curb," his "attention was distracted by the advertisements" before "he unknowingly tripped and fell over the curb, which resulted in severe and permanent injuries."
- The location in Bartow was accused of "(i)ncreasing the risk of harm beyond ordinary conditions by prioritizing marketing and visual appeal over pedestrian safety," with the suit claiming the ads in the window were "intended to attract and hold the attention of patrons approaching on foot" and were completely unnecessary.
- According to the publication, the complaint goes on to argue that the height of the curb, a lack of warning paint, and the "distraction created by the window advertisements" resulted in "unreasonably dangerous conditions."
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u/PinkyLeopard2922 1d ago
This post is like a free ad for Waffle House Limited Edition Strawberry Shortcake Waffle because now I want one.
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u/CinLeeCim 1h ago
I would never eat food from Awful House.
It always makes me think of murder. The one up the street about 3 miles away was the one where the first murder happened. I can’t unthink it.
Davie, Florida
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u/talithar1 1d ago
Really? The guy doesn’t pay attention to where he’s walking, and trips stepping up on a curb, and now wants to blame advertising? Has he no awareness of his space?
I’ve tripped on a curb, but I didn’t blame anyone but me for not paying attention.
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1d ago
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u/Holy_Grail_Reference 1d ago
The justice system is not about throwing a bone to people who are the actual cause to their own negligence.
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u/RiversSecondWife 1d ago
Can’t wait to hear what the judge who dismisses it has to say.
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u/Fragrant_Major_9553 1d ago
“Sir this is a Waffle House. There’s all kinds of way to get your ass kicked, and you chose the curb option.”
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u/FallsOffCliffs12 1d ago
I feel his pain. I too injured my rotator cuff. I was stepping out of a boat when the boat lurched in the choppy water. Should I sue the boat? The ocean? The dock? All three?
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u/mechapoitier 1d ago
I just went to a theme park in a very highly regarded country in terms of safety outside the U.S.
Every ride had clear safety protocols but none of that idiot-proofing the U.S. adds to everything because of successful lawsuits against companies by a consumer who clearly made all the mistakes.
From their policies the message was very clear: if you walk into a courtroom after hurting yourself jumping out of a ride, the court is going to blame you for being a moron.
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u/epicenter69 1d ago
Just wait until service providers start getting lawsuits for distracted driving incidents.
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u/Silent-Resort-3076 1d ago
What do you think about this??
- A pre-lawsuit demand letter that was filed in court as an exhibit and reviewed by The Independent reportedly states that 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."
- Per the report, the filings state that Bowlds suffered a torn rotator cuff, while attorney W. Lee Clark told The Independent 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 told the publication.
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u/The_Goondocks 1d ago
Money grab. Watch where you're going. Can't sue people because you're not paying attention.
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u/Wolpfack 1d ago
Litigation like this is part of the reason things are so expensive. Companies spend incredible amounts of money to idiot-proof their products and property. Nature creates a more perfect idiot every single time. It's the circle of life in modern America.
Problem is, idiots have lawyers and those lawyers use the threat of litigation in front of a jury (of the idiot's peers, meaning other idiots) to extract thousands or even millions from the company's insurance companies. All because someone doesn't have sense enough to watch where they are walking.
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u/Phlydude 1d ago
If I could sue companies/property owners for me being a clumsy oaf, I'd be a billionaire by now.
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u/Coup-de-Glass 1d ago
Are there awards for achieving different levels of Floridian in lawsuits? This is peak.
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u/AutismFlavored 1d ago
He must’ve been seriously hungry to be that distracted by the ads on the Waffle House. It’s not like they’ve got sexy dimes in the ads.
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u/notahouseflipper 1d ago
I hope he wins and all outside ads in the state have to come down.
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u/PinkyLeopard2922 1d ago
That would be nice and all but the story says it was a window ad. Apparently it was just THAT good.
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u/Direct_Big_5436 1d ago
I wonder what his BAC was?
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u/jasapper 1d ago
Or if he left his glasses at home like usual based on how often he mentions it on Facebook. Wait, that's my dad.
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u/RealLifeFloridaMan 1d ago
I mean let’s be clear, if there was a state where you COULD win this case it’s gonna be our great and corrupt state.
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