A Florida man is suing Dunkin’ Donuts for damages after an alleged toilet explosion incident at a Dunkin’ location in Winter Park. The plaintiff, 35-year-old Paul Kerouac, claims the exploding toilet left him “stained, filthy and injured” and is seeking $100,000 in damages.
Plaintiff Claims Negligence Led to Toilet Explosion
According to the lawsuit filed January 3rd in Orange County, Kerouac was using the bathroom at the Dunkin’ store on Aloma Avenue last July when the toilet “exploded suddenly and without warning.” Court documents allege the explosion sprayed Kerouac with urine, feces, and other filth, leaving him “stained, filthy and injured.”
The suit alleges Dunkin’ “negligently failed to provide a safe bathroom environment” and left the toilet in disrepair, which directly caused Kerouac’s injuries and distress. It claims the company knew or should have known the toilet posed a danger to customers.
Plaintiff Seeking $100K Over Physical, Emotional Damages
Kerouac, through his attorneys, states he suffered physical pain that required medical treatment as well as great emotional distress and mental anguish over the incident. He claims to have incurred medical expenses for treatment and says he will likely need continued care in the future.
The lawsuit does not detail the specific injuries Kerouac sustained but does say he suffered “painful bodily injuries of both temporary and permanent nature.”
He is seeking compensatory damages in excess of $100,000 for current and future medical expenses, lost wages, loss of earning capacity, and pain and suffering.
Dunkin’ Has Not Commented Publicly on Pending Litigation
Dunkin’ has declined requests for comment on the ongoing litigation. A media spokesperson for Dunkin’ Brands said, “We are unable to comment given the pending litigation.”
The company has not provided further statements regarding the alleged incident or addressed any negligence claims at this point. As standard practice, Dunkin’ does not comment publicly on active lawsuits brought against the company.
It is unclear if Dunkin’ plans to settle the case out of court or proceed to trial to contest the negligence allegations. Defense filings in response to the lawsuit have likely not yet been submitted.
Attorney Calls Incident “Traumatic,” Will Seek Accountability
The lead attorney representing Kerouac in the suit, Clay Mitchell, calls this a “very traumatic and negative experience for our client.” He says Dunkin’ failed to properly maintain safe, working facilities and should be held fully accountable.
Mitchell alleges it was standard corporate negligence and lack of oversight that allowed such hazardous conditions posing harm to customers. He contends Kerouac deserves compensation for all resulting damages, saying, “No customer should have to endure what Mr. Kerouac went through.”
Toilet Explosion One of Many Dunkin’ Mishaps Nationwide
While shocking, Kerouac’s graphic allegations represent just the latest in a number of incidents customers have reportedly experienced at Dunkin’ franchises over the years. Everything from rodent infestations to discarded narcotics have previously made headlines.
In 2015, a woman in Nebraska sued Dunkin’ alleging she got stuck in a bathroom stall for nearly an hour when the lock jammed. Other complaints have included overflowing slushy machines flooding stores and finding bugs baked into breakfast sandwiches.
Health inspectors nationally have occasionally cited franchises for violations like improper food storage temperatures or evidence of vermin droppings as well.
While rare and isolated, these incidents combined do indicate occasional oversight issues that allow some health hazards or dangerous facility conditions to persist unchecked at some locations.
Next Steps: Trial or Settlement?
As for Paul Kerouac’s claims stemming from the disturbing toilet explosion, there remains uncertainty around how Dunkin’ will handle the matter going forward. But per the lawsuit filing, a demand well into six figures means the company faces considerable liability exposure if found negligent.
Dunkin’ may offer a substantial settlement agreement to promptly resolve the dispute rather than endure added legal expenses and further public scrutiny surrounding the case. However, if corporate legal strategy calls for refuting liability, legal maneuvering could delay a definitive outcome for many months.
Barring a private settlement in coming weeks, the next milestones would include Dunkin’ submitting an initial reply and any counterclaims to the court, followed by the discovery process, depositions, and additional filings. Ultimately if no compromise reached out of court, a local jury would then determine any legal culpability and financial damages during an ensuing trial.
While awaiting those determinations, the central claims around bodily harm and emotional trauma linked to a purportedly exploding commercial toilet remain difficult to independently verify. But the complaint brought forward insists this was a uniquely hazardous and repulsive incident warranting significant compensation.
Timeline of Key Events
| Date | Event |
|---|---|
| July 2022 | Alleged toilet explosion incident occurs at Dunkin’ location in Winter Park, Florida |
| January 3, 2023 | Lawsuit filed against Dunkin’ seeking $100k+ damages |
| January 2023 | Dunkin’ expected to submit initial reply to court |
| Spring 2023 | Possible pre-trial settlement |
| Summer 2023 | If no settlement – discovery process and depositions |
| Fall 2023 | Further pre-trial hearings and motions |
| Early 2024 | Trial held if no settlement reached |
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