The lawsuit claims that a notorious “exploding toilet” at a Winter Park restaurant left a Florida man physically injured and emotionally scarred.
A Florida man has filed a lawsuit seeking at least $50,000 in damages after a toilet at a Dunkin’ location allegedly exploded, covering him in waste, urine, and feces.
According to USA Today, the lawsuit was filed earlier this week in Orange County Court. In his complaint, plaintiff Paul Kerouac claims that he visited the men’s restroom at a Winter Park-area Dunkin’ outside of Orlando on January 6, 2022. Shortly after his arrival, the toilet “exploded,” leaving both Kerouac and his immediate surroundings covered in sewage.
Kerouac says that he immediately informed, and sought help from, employees at the Dunkin’ outlet—only to be told that the “explosion” was not unprecedented, but had occurred several times in the recent past.
“Following the explosion of the toilet,” the complaint states, “Plaintiff emerged from the mens room [sic] and sought assistance from employees and managers of Defendant’s business to clean himself, as he remained covered with human feces and urine after emerging from the mens’ room [sic] at Defendant’s business.”
“Plaintiff was informed by Defendant’s employees that they were aware of the ‘problem with the toilet’ as prior incidents with the toilet had occurred,” the lawsuit says.
The lawsuit seeks at least $50,000 in damages from HZ O Donuts—the owner of the Winter Park Dunkin’ location identified in the claim—for breach of duty and negligence.
“As a direct result of Defendant’s breach and/or multiple breaches of its duties and obligations to Plaintiff, who was lawfully on Defendant’s premises, Plaintiff unwittingly became the victim of the exploding toilet and of the aftermath which followed, and sustained damages, including injuries and emotional and mental distress,” the lawsuit alleges, adding that Kerouac was later forced to seek counseling.
Critically, the complaint asserts that Kerouac sustained actual damages, both in terms of physical injury and emotional pain and suffering.
“As a direct and proximate result of the negligence of Defendant, Plaintiff suffered bodily injury and psychological damages resulting in pain and suffering, disability, permanent and significant emotional injury, mental anguish, loss of the capacity for the enjoyment of life, expense of medical care and treatment,” the lawsuit says, stressing that Kerouac’s “injuries and damages are either permanent or continuing in nature.”
“Plaintiff requires mental health care and counseling as a direct result of the trauma experienced in the rest room at Defendant’s business and from the continuing trauma following the event,” the lawsuit states.
Sources
Exploding toilet at a Dunkin’ store in Florida left a customer filthy and injured, lawsuit claims
Man says exploding toilet in Dunkin’ left him covered in waste, debris. Now he’s suing.
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