BARTOW, FL – An 84-year-old local resident is suing Waffle House in federal court, claiming the restaurant’s window advertisements “distracted” him, causing a severe fall over an unpainted curb.
The Slip and Fall
According to federal court filings, Edward Bowlds and his wife, Dorothy, arrived at the Waffle House in Bartow, Florida. As Bowlds walked from the parking lot toward the entrance, his attention was allegedly caught by large window signs promoting a limited-edition Strawberry Shortcake Waffle.
The lawsuit states that while looking at the advertisement, Bowlds tripped over an “abnormally high” curb that lacked any yellow warning paint, slamming face-first into the concrete pavement.
Severe Injuries and Financial Demands
The fall resulted in a torn rotator cuff and other permanent injuries for the retiree. Because of his age, a total shoulder replacement is not a viable option.
A pre-suit demand letter revealed that Bowlds’ medical expenses currently sit at $25,000, but could balloon to $100,000 with ongoing care. The couple initially offered to settle the case for $300,000, but filed the formal lawsuit after Waffle House rejected the offer. The suit alleges the restaurant prioritized marketing over pedestrian safety.
Waffle House Responds
In their official legal response filed in federal court, Waffle House denied any negligence or culpability. The restaurant chain asserted that:
- The premises are maintained in a reasonably safe condition.
- The raised curb was “open and obvious” to any pedestrian.
- Bowlds failed to use reasonable care to protect himself while walking.
The legal team representing Bowlds noted that Waffle House has since installed yellow bollards outside the restaurant, arguing that prior warning marks could have prevented the entire incident. The case has been moved to a Tampa federal court, where the couple is seeking a money judgment for damages and legal fees.
