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Waffle House restaurants are no strangers to wacky customers, but there's likely going to be no waffling as a result of a recent customer lawsuit. The Waffle House patron alleged that he suffered damage to his hearing as well as an injury to his ear as a result of exploding plates. However, the Waffle House is saying that there was no explosion at all, and they're not about to leggo of that position.
No, the man was not served waffles stuffed with explosives, nor was the explosion alleged to have even happened in the dining room where the man was seated. The litigious waffle lover claims that water sprayed onto dishes that were still very hot and fresh out of the sanitizing dishwasher in the backroom caused the plates to shatter, causing a loud explosion, and plate pieces to go flying.
Don't Cast Plates From Waffle Houses
The Waffle House in question admits that a plate was dropped, and that the one plate broke, and made a loud noise. But that's about as close to overlapping as the two sides of the story get. The restaurant is claiming that not only would it be physically impossible for a piece of plate to get shot into the patron's ear based on where he was seated when the one plate broke, but also that security footage shows the man had no physical reaction to the plate breaking.
When a person files a lawsuit over an injury that clearly cannot be attributed to the defendant, or a lawsuit that lacks even the least bit of merit under the law, it may be considered a frivolous lawsuit. In many jurisdictions, if a lawsuit is deemed frivolous, the person filing the lawsuit could face court imposed sanctions, including having to pay not just the other side's court costs, but potentially also their attorney fees. To make matters worse for frivolous filers, they could even be sued under state and common law claims for abuse of process or malicious prosecution.