HOUSTON — A customer who was on crutches claims a slippery substance on the floor of a Houston Whataburger caused his fall.
Mark Klecka filed a complaint Dec. 1 in Harris County District Court against Whataburger Restaurants LLC alleging negligence and premises liability.
Klecka, who was using crutches at the time, alleges that while at Whataburger on Tomball Parkway in Houston on Dec. 7, 2019, the crutches "made contact with a slippery substance" and caused him to fall to the ground.
He claims Whataburger failed to inspect its floor, failed to warn of the slippery substance and did not hire qualified employees to safely operate and maintain its premises. He also claims Whataburger should have had non-slip surfaces on its premises which would have prevented his fall. Klecka alleges Whataburger failed to design, construct and maintain its restaurant's floors and walking surfaces to be accessible to disabled persons such as himself.
Klecka seeks monetary relief, interest and all other just relief. He is represented by Brian Crockett and Justin Waldo of Crocket Law PC in Houston.
Harris County District Court case number 2021-78258