The Waffle House in Bartow, Florida, with an image of the window sign at the heart of Edward Bowlds’ lawsuit.
BARTOW, Florida – A Florida man has sued Waffle House claiming he tripped over a curb in the parking lot because he was distracted by signs advertising strawberry shortcake waffles in the window.
Edward and Dorothy Bowlds filed their complaint in Polk County Court against Waffle House Inc. The incident took place at the chain’s Bartow location April 17, 2025.
According to the complaint, Edward Bowlds, who was 84 years old at the time, went to Waffle House to dine. As he was entering the restaurant, he noticed large posters in the restaurant windows advertising its new strawberry shortcake waffle.
“These advertisements in the windows were of a size, placement and orientation that they are clearly meant to attract the attention of customers who were already parked in the parking lot and entering the restaurant and not for the motoring public on the adjacent highway,” the complaint states. “In other words, these advertisements were for customers already at the restaurant who were already pre-disposed to dining at the restaurant but were still ambulating across the parking lot and onto the sidewalk.
“The size, placement and orientation of these window advertisements posed a distraction to customers. The advertisements capture the attention of customers approaching the sidewalk and divert their attention away from the trip hazard posed by the curb.
“However, there is no need for the advertisements to be displayed in such a manner as it unreasonably increases the risk of a trip and fall by a customer already going to enter the restaurant.”
As Bowlds approached the sidewalk, the complaint says he tripped and fell over the curb resulting in severe and permanent injuries. It says there were no signs or other warnings to alert patrons to the “hazard presented by the curb, the window advertisements and the combination of the curb height, the lack of warning paint and the distraction created by the window advertisements which all amount to unreasonably dangerous conditions.”
The complaint also says the curb in question is “abnormally high for a curb of that type.”
“And because it is abnormally high, it increases the risk to pedestrians in the parking lot by being a trip hazard,” the complaint states. “Additionally, the curb is poorly maintained so that the color of the curb blends into the color of the parking lot, thereby masking and obscuring the change in elevation from the parking lot to the sidewalk.
“The curb is devoid of any paint or markings which would draw a pedestrian's view to the change in elevation or the abnormally high curb.”
A demand letter sent by Bowlds’ attorney last year says Waffle House installed bright yellow poles along the curb after the incident.
“What dangerous condition existed on the day Mr. Bowlds fell and how did that cause his fall?” the November letter states. “The curb is a similar color to the parking lot and is not painted yellow to clearly identify the change in elevation. …
“It is 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. Had Waffle House painted the curb yellow, had it had these bright yellow poles in place at that time, and had it not distracted Mr. Bowlds with window signs, Mr. Bowlds would have been able to perceive the curb and avoiding tripping.”
Bowlds says he has sustained 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 as well as medical costs. His nose was fractured, and his rotator cuff in his right shoulder was torn.
He says he now lives a sedentary lifestyle in his recliner and is unable to do ordinary everyday tasks like he used to do. The demand letter says he “is now a burden to his wife.”
He accuses Waffle House of general negligence and premise liability, and his wife seeks damages for loss of consortium. The seek compensatory damages, court costs, pre- and post-judgment interests and other relief.
The couple is being represented by William Lee Clark of W. Lee Clark & Associates in Lakewood Ranch.
Polk County Circuit Court case number 8:26-cv-00710-AEP
