An Iowa man has sued a Cedar Falls Texas Roadhouse restaurant after slipping on peanut shells and shattering his kneecap. The restaurant is known for serving customers buckets of dry roasted peanuts and allowing (and even encouraging) diners to throw the empty shells onto the floor. According to the premises liability and negligence lawsuit, this “marketing gimmick,” which is also practiced by wait staff, creates extremely dangerous conditions for customers.
The lawsuit seeks compensation for medical expenses, physical impairment, and loss of earning capacity, as well as punitive damages on the grounds that the establishment should have known that the shells were a dangerous slipping hazard. The case is being heard in the U.S. District Court for the Northern District of Iowa.
"Defendant deliberately chose not to reduce or eliminate the risk of slipping and falling posed by the peanut shells and debris on the floor, choosing instead to maximize profits by perpetuating a marketing gimmick of encouraging the accumulation of peanut shells and debris on the floor," the lawsuit reads.
This is not the first time that peanut shell debris has caused an accident in a Texas Roadhouse restaurant. In 2008, Attorney Vic Feazell of the Law Offices of Vic Feazell, P.C. won $43,000 for a Texas woman who fractured her kneecap in three places after slipping on peanut waste. Another 2013 lawsuit sought $1 million after a slip and fall injury, resulting in a confidential settlement for the victim.
If you have been injured in a slip and fall accident through no fault of your own, you should immediately have your case evaluated by an experienced injury attorney. The Law Offices of Vic Feazell, P.C. is nationally recognized for our ability to win even the toughest cases. Talk to an attorney today to learn how we can help you pursue compensation: (512) 710-0931.