Man Sues Wendy’s After Slip and Fall in Liquid Substance

On November 10, 2020, a Harris County resident filed a complaint in the Harris County District Court against Haza Foods, LLC d/b/a The Wendy’s Company (hereinafter “Wendy’s”). The man asserts causes of action for premises liability against Wendy’s as a result of a slip and fall incident.

On June 22, 2019, according to the lawsuit, the man visited the Wendy’s restaurant located at 14115 East Sam Houston Parkway North, Houston, Texas 77044. While inside the Wendy’s restaurant, the man slipped and fell in a liquid substance that had accumulated on the floor. Apparently, at least one of the Wendy’s employees was aware of the dangerous condition because the manager on duty told the employee to clean it up prior to the time the incident occurred. Despite knowledge of the dangerous condition presented by the liquid substance on the floor, the Wendy’s employees made no attempt to warn invitees, including the man, of the dangers presented by the liquid substance. Moreover, despite knowledge of the dangerous condition, the Wendy’s employees failed to follow through with appropriate mitigating measures such as cleaning the floor and setting out a wet floor sign to alert customers. The fall caused the man to sustain serious bodily injuries.

In the lawsuit, the man alleges Wendy’s negligent actions and omissions on the premises at the time of the incident were a proximate cause of the incident including his injuries and damages resulting from the incident. Specifically, the man claims Wendy’s knew, or should have known, of the liquid on the floor-especially considering the manager had told an employee to clean the area affected by the liquid substance-and that Wendy’s failed to maintain the area in a safe manner. Further, the man alleges, Wendy’s failed to adequately warn or make the area safe where the liquid substance was present.

At all times necessary, Wendy’s had a duty to keep and maintain the premises in a safe condition. Due to the condition of the liquid substance on the floor, the condition of the restaurant premises was not safe.

The man seeks monetary relief for damages resulting from, among others, medical expenses both past and future, physical pain and suffering both past a future, and mental anguish, among others.

If you or someone you know has been injured as a result of the negligence of others, it is important to find a skilled law firm to handle your claim. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the oldest personal injury firm in Texas, and our attorneys can assist you with your claim. Call us today at (713) 222-7211 or toll free at 713-222-7211.