When a public establishment fails to keep its premises safe, a person may end up suffering potentially permanent injuries in West Virginia. In one out-of-state case, a man recently filed a premises liability lawsuit against Texas Roadhouse, alleging that dangerous property conditions there caused him to slip and fall. Specifically, the restaurant is blamed for allowing the discarded shells of peanuts to remain on the floor, where it posed a slipping hazard.
Texas Roadhouse is well known for providing customers with free dry roasted peanuts. After cracking open the peanuts, customers are allowed to throw the shells on the floor. The national restaurant chain has 400 locations.
The man claimed that the restaurant’s allowing customers to toss their peanut shells on the floor was a marketing gimmick — one that created dangerous conditions at the restaurant. According to the complaint, the waiters and waitresses at the restaurant only add to the problem by tossing shells on the floor after they have piled up on customers’ tables. The plaintiff also claimed that the flooring of the restaurant where he fell was dangerous because it repelled the oil inside the peanut shells rather than absorbing it.
When West Virginia businesses have dangerous property conditions, they may be held liable for any injuries suffered on their properties as a result. A person injured in a slip-and-fall accident due to the negligence of the business owner has the right to take legal action through the civil court system. A preponderance of the evidence is required to establish liability in a manner that pleases the civil court hearing the case.
Source: desmoinesregister.com, “Iowa man sues Texas Roadhouse after slipping on peanuts“, Grant Rodgers, May 9, 2016