An 84-year-old Florida man says a Waffle House ad for a Strawberry Shortcake Waffle was so distracting that it caused him to trip over a curb, slam face-first into the pavement and suffer serious injuries.
Now, he and his wife are suing the restaurant chain.
Edward Bowlds claims he was walking into a Waffle House in Bartow, Florida, with his wife, Dorothy, on April 17, 2025, when he became distracted by large window advertisements facing the parking lot.
According to court filings, Bowlds was looking at signage for the chain’s limited-edition Strawberry Shortcake Waffle when he tried to step up onto what his lawsuit describes as an “abnormally high” curb.
He tripped, fell and hit the concrete pavement, allegedly suffering severe and permanent injuries.
“While navigating the parking lot and stepping up the abnormally high curb, Plaintiff Edward Bowlds’ attention was distracted by the advertisements,” the complaint states.
The lawsuit argues that Waffle House created an unsafe situation by placing eye-catching ads in the windows where customers walking from the parking lot would naturally look at them.
Bowlds’ attorneys claim the restaurant “prioritized marketing and visual appeal over pedestrian safety,” saying the ads were designed to grab the attention of people approaching on foot.
The lawsuit also argues the ads were unnecessary because they were aimed at customers who were already at the restaurant and heading inside.
The complaint says the combination of the raised curb, the lack of warning paint or markings and the distraction caused by the window ads created a dangerous condition.
A pre-suit demand letter filed in court put it even more bluntly, arguing that Waffle House invited customers to look away from the curb by placing ads in their direct line of sight.
“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,” the letter said.
Bowlds claims he broke his nose and tore his rotator cuff in the fall. His attorney, W. Lee Clark, said Bowlds is recovering, but will likely deal with pain and limitations for 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 Independent.
The lawsuit says Bowlds can no longer live the active life he once had. The demand letter describes him as spending much of his time at home in a recliner, unable to help his wife with grocery shopping, yard work and everyday tasks around the house.
His current medical expenses are listed at around $25,000, but his attorneys say those costs could rise to about $100,000 if he needed a shoulder replacement. They also claim that, at his age, surgery is not a realistic option.
Bowlds and his wife reportedly offered to settle the case for $300,000 before filing suit. Waffle House declined the offer, according to the letter.
The case was first filed in state court before being moved in March to federal court in Tampa.
Waffle House has denied wrongdoing. In its response, the company argued that the property was maintained in a reasonably safe condition and that Bowlds failed to use reasonable care to protect himself.
The company also argued that the raised curb was “open and obvious,” meaning it did not have a duty to warn Bowlds about it.
Bowlds’ attorney, however, pointed to yellow bollards that were allegedly installed outside the restaurant after the fall. He argued that if Waffle House had installed them earlier, or painted the curb yellow, Bowlds would have been able to see the curb and avoid tripping.
The lawsuit says Bowlds has suffered pain, disability, physical impairment, disfigurement, mental anguish, embarrassment, humiliation, medical expenses and loss of enjoyment of life.
Dorothy Bowlds is also a plaintiff in the case. She claims she has suffered the loss of her husband’s comfort, companionship, assistance and support because of his injuries.
The couple is seeking damages, interest, attorney fees and court costs.
