Waffle House Ad Blamed For Man's Fall In Florida Lawsuit

(KMDL-FM) Did you know that of all the states in the United States, Louisiana has the second most Waffle House Restaurants? Only Texas has more locations than the 104 Waffle Houses we have. But alas, could all of our Waffle Houses be under threat of litigation because of a sign that one customer calls "too distracting"? I am no lawyer, but based on the story you're about to read, they could be.

Depending on the outcome of a case currently ongoing in Florida, our bright light beacon at night of home-cooked goodness could be significantly dimmed. But fortunately for those of us who think of Waffle House as more of a "Waffle Home," the bright yellow signs are not the reason for the litigation.

What Waffle House Sign is at the Center of a Current Legal Battle?

Here is a link to the kind of sign we believe is what caused all the commotion. Although we cannot confirm that this was the actual signage that caused the incident that led to the litigation against Waffle House. Based on images presented in this article from The Independent in the U.K. I do think the signage we have linked to might be the culprit.

The case involves an 84-year-old man. He suggests via his legal representation that the enticing advertisement for the Strawberry Shortcake Waffle distracted him so much that he tripped over the curb at the restaurant. Here is the Google Street View view of the restaurant in question.

I am no legal expert by any means, but it certainly appears as though the front door, the curb, and the series of giant yellow poles are a pretty obvious attempt to make customers aware of any obstacles that could impede their path. But I, like you, have not been apprised of all the facts in the case.

84-Year-Old Man Wanted $300,000 for Tripping and Falling at a Waffle House

The plaintiff in the case seems to be suggesting, via his attorney's comments, that where the advertisements were placed and the fact that the curb was "unusually high" showed negligence on the part of Waffle House. The plaintiff and his wife, we assume through legal counsel, offered a settlement option to Waffle House of $300,000.

The money would be used to cover the cost of medical bills and treatment needed following what attorneys for the plaintiff have described as "serious bodily injuries and resulting pain and suffering, disability. physical impairment, disfigurement, mental anguish, inconvenience, embarrassment, humiliation, loss of capacity for the enjoyment of life. expense of hospitalization, and medical care and treatment." Those comments were chronicled in the story published by The Independent.

How Serious Were the Injuries?

From what we understand, the gentleman who filed the suit suffered a torn rotator cuff, which can be quite debilitating; I know, I have torn rotator cuffs three times, but never at a Waffle House.

The attorney for the plaintiff in this case suggests that his client will be dealing with pain and limitations for the rest of his life. Legal counsel for the plaintiff also suggested in comments that they were looking forward to having their day in court to prove that Waffle House was wrong in this case.

The Independent stated in their story that Waffle House had not responded to their request for a comment on the case. But the restaurant chain did respond to the allegations earlier this year. In that response, Waffle House suggested that the plaintiff "failed and neglected to use reasonable care to protect himself" and that the curb in question was "open and obvious".

Can you imagine the legal bills Waffle House would have if everyone who tripped, fell, passed out in a pecan waffle, or fell out of a booth filed a lawsuit? All I know is this: if that scenario was a premise for a TV show, I would watch it every day just to hear the stories.