Florida Dunkin’ Donuts Injury Lawyer
Not only are customers at a restaurant entitled to properly prepared food, but they are also entitled to use properly functioning restrooms. A Dunkin’ Donuts customer who visited the store at 2265 Aloma Ave in Winter Park, Florida visited the men’s room to do what he had to do and emerged covered in feces and urine after the toilet shockingly exploded, covering him with its contents.
The customer, Paul Kerouac, is now suing Dunkin’ Donuts and its franchisee, HZ O Donuts LLC, for more than $50,000 to pay for the mental health care he now requires as a result of the traumatizing experience which allegedly took place on January 6, 2024.
To make matters worse, store employees allegedly conceded they were aware of problems with the toilet prior to the incident, yet management did not have it repaired or place an Out of Order sign warning customers away. To the extent this fact is true, liability against Dunkin’ seems fixed as Florida law requires businesses to provide customers with a safe premises as well as to fix/repair/warn of dangers it knew or should have known of, which in this case would include the exploding toilet.
In addition to premises liability discussed above, it is possible the subject bathroom and toilet violates other laws or statutes. For instance, restaurants in Florida must also provide restrooms for their customers that comply with the Americans with Disabilities Act (ADA). Among the many requirements are the following:
- The restroom must be clearly identified as disability accessible, marked with the international symbol of accessibility, with the sign mounted on the door or wall adjacent to the door.
- The restroom must be large enough to accommodate a wheelchair user, at least 60 inches wide and 56 inches deep.
- The restroom’s doorway must be at least 32 inches wide and open and close with a force of 5 pounds or less.
- At least one toilet in the restroom must be usable by a person with disabilities. The stall must be at least 60 inches wide and between 17 and 19 inches above the floor. The stall must be equipped with grab bars at least 36 inches long on both sides of the toilet, mounted between 33 and 36 inches above the floor.
- The sinks must also be accessible to wheelchair users, with a distance of at least 29 inches from the floor to the bottom of the sink. The user must be able to operate the sink with one hand, and the sink must be equipped with lever handles or push buttons.
- The number of toilets must comply with local building codes. In many jurisdictions, the formula is one toilet for every 40 people at maximum occupancy.
- The restrooms must also be equipped with certain accessories: toilet paper dispensers, soap dispensers, paper towel dispensers or hand dryers, and waste receptacles.
There is no information to suggest the subject bathroom was not ADA compliant, but lawfully accessible restrooms in commercial business and places of public accommodation is an issue that comes up often in the hospitality industry whether at Dunkin’ or some other restaurant, fast food establishment or hotel.
Again, all restaurant patrons are entitled to have access to a clean, safe, and properly functioning restroom, which this Winter Park, Florida Dunkin’ did not provide. Additionally, customers and employees should be able to use the bathroom without being humiliated and/or injured physically or emotionally like Mr. Kerouac. Dunkin’s breach of its duty to provide a safe bathroom entitles Mr. Kerouac to all damages causally related to the same.
While it appears Mr. Kerouac’s is claiming primarily emotional distress or non-physical injuries, his damages could have been much worse. Fecal matter can survive for days or more making the threat of exposure quite serious. In fact, contact with fecal matter including oral transmission can lead to infection (respiratory, skin, Meningitis) as well as Hepatitis, E. Coli, Norovirus, Typhoid fever, Cholera, Polio, Tape worms, Giardia, Rotavirus along with many other internal conditions or parasites. In other words, this incident is no laughing matter and could have been far worse.
If your experience at Dunkin’ or any other restaurant has not lived up to the requirements discussed above, you should call the local health authorities to investigate. You can also call the Florida Department of Business and Professional Regulation at (850) 487-1395 or visit the Department to file a report online. Hopefully you will not experience the level of trauma Mr. Kerouac did at Dunkin’, but if you do, The Datny Law Firm and Dunkin’ Personal Injury Lawyer David B. Datny is available to inform you of your rights and advocate for your physical/financial recovery.
The Datny Law Firm is a boutique personal injury law firm in Boca Raton, Wellington, and Winter Park that helps injured clients throughout the entire State of Florida. We have experiencing representing Client’s hurt at Dunkin’ and other restaurants and hotels for injuries ranging from burns to falling objects to slip and falls and everything in between. If you or a loved one have been unfortunately harmed at Dunkin’ and/or if you have a disability and the required features are not present in the restroom, don’t hesitate to call 561-221-7474 to speak with a personal injury lawyer near you like David B. Datny, Esq.
Dunkin’ Donuts Location Guide
For ease of reference, we have included a quick guide to several Dunkin’ Donuts locations near our offices in Boca, Wellington and Winter Park – Orlando, Florida.
Boca Raton
Dunkin’
3011 Yamato Rd A-5
Boca Raton, FL 33496
Dunkin’
1200 Yamato Rd.
Boca Raton, FL 33431
Dunkin’
11405-C West Palmetto Park Rd.
Boca Raton, FL 33428
Dunkin’
1215 W. Palmetto Park Rd.
Boca Raton, FL 33486
Dunkin’
1906 Cint Moore Rd.
Boca Raton, FL 33496
Winter Park
Dunkin’
1655 W. Fairbanks Ave.
Winter Park, FL 32789
Dunkin’
2265 Aloma Ave.
Winter Park, FL 32792
Dunkin’
6627 University Blvd.
Winter Park, FL 32792
Apopka
Dunkin’
212 E. Main St.
Apopka, FL 32703
Wellington
Dunkin’
12754 Forest Hill Blvd.
Wellington, FL 33414
Dunkin’
13501 South Shore Blvd.
Wellington, FL 33414
Dunkin’
13889 Wellington Trce
Wellington, FL 33414
Dunkin’
2741 S. State Road 7
Wellington, FL 33414