Texas Road House Complaint - Slipp and fall-and they say it was my fault

Review by mamey2948338 on 2011-10-25
KENTUCKY -- What started out to be a good day with friend and good food, would turn so wrong becouse of one little peanut. Now I am forced to consult a attorney for legal action. I would like to see that Peanuts not be allowed to be put on the floor! I think it is a safty and health hazard, and I plan on doing everthing I can to see that no one elce goes through what I have been through. I was told that it was my fault that I fell down, because I knew the peanuts were on the floor, so as a result will not be able to offer payment on my behalf of my claim.
Comments:5 Replies - Latest reply on 2011-10-26
Posted by Ben There on 2011-10-25:
Texas Roadhouse has been sued plenty of times by people who claim to be hurt by the peanuts, but the company does very well in court.

I think they have only lost one case, and that is because the peanut shells were on a hardwood floor instead of the concreted section.
Posted by Anonymous on 2011-10-25:
I found this to be interesting. In one case where TR lost (in Texas, actually), TR argued during the trial that the peanut shells were an “open and obvious” condition and a plaintiff's verdict would mean circuses, carnivals and sports stadiums would have to stop selling peanuts.

But under Texas law, a condition is not open and obvious if a plaintiff does not have “knowledge and appreciation thereof.”

“Even though the shells may have been open and obvious, [plaintiff] did not have an appreciation that they could be dangerous," her attorney said.

Plantiff was held 50% responsible, but still won $185k.
Posted by Anonymous on 2011-10-25:
I love Texas Road House.
Posted by T on 2011-10-25:
What injury did you suffer?
Posted by Kris10 on 2011-10-26:
Hmm, the Texas Roadhouses around me all have hardwood floors. no concrete. Then again, I don't think I've ever seen peanut shells on the floor. I'd still say to pursue it, but make sure you have a really good attorney.

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