Cypress parents sue restaurant after son allegedly falls

A Cypress couple is suing the Rainforest Café after their son allegedly fell from a stairway inside the San Antonio restaurant.

Aaron and Gayle Watson, themselves and on behalf of their son, filed the lawsuit against Rainforest Café Inc. and Landry’s Restaurants Inc. Sept. 20 in Harris County District Court.

 

The Watsons say they took their two sons to eat at the Rainforest Café on East Crockett Street in San Antonio on June 14. The couple says the family began walking down a set of stairs to leave the restaurant but say they stopped on a landing to take pictures of the two boys. 

 

As the Watsons’ son, Matthew, was posing for the photo, he allegedly fell through netting affixed to the stairway railing. The Watsons say the boy fell to the first floor below, sustaining serious head injuries in the fall. The parents say Matthew is still undergoing treatment for the injuries. 

 

The parents argue the Rainforest Café and its parent company, Landry’s Restaurants, have a duty to protect customers but failed to do that. The Watsons say the restaurant should have known the railing posed an unreasonable risk of harm and taken steps to correct the hazard. 

 

The Watsons are asking for actual damages for pain and suffering, mental anguish, physical disfigurement, physical impairment and medical expenses. They say the entire family suffered shock and severe emotional anguish as a result of Matthew’s fall. They are also requesting exemplary damages, interest and court costs.

 

Attorney David T. McDowell of Edison, McDowell & Hetherington LLP in Houston is representing the Watsons. They demand a jury trial.

 

Landry’s Restaurants Inc., is headquartered in Harris County.

 

Harris County District Court Case No. 2010-61399