A comic book store in Houston, the Third Planet Sci-Fi Superstore, is suing the Crowne Plaza hotel next door for negligence because of all of the indignities our superheroes have had to endure from the IHG property’s guests. And they’ve put their suit in the form of an actual comic book, filed with the Harris County courts. (lawsuit .pdf)
The store alleges, in a 13 page comic book, that guests at the Crowne Plaza River Oaks have, among other things launched projectiles down onto the store’s roof for years – causing damage which leads to leaks and destroying comic books inside. The comic book was done by customers of the store, working with attorneys, and “is drawn in a late 70s and early 80s style.”
T.J. Johnson, owner of Third Planet Sci-Fi Superstore, filed the lawsuit against the comic store’s neighbor, Crowne Plaza River Oaks, in February, for negligence, nuisance and trespass, alleging that the hotel allowed guests to throw “all manner of items” off of the building’s balconies, including plates, luggage racks, and ladders — all of which caused damage to the shop’s roof, the owner said.
…The comic book also details incidents where hotel guests started fires after throwing lit cigarettes at the store, and depicts a day in March 2019 when guests allegedly threw at least 14 fire extinguishers onto the store, causing irreparable damage.
The store is seeking $250,000 in damages and a mandated one year closure of the Crowne Plaza. The hotel for its part says that they have no responsibility for the actions of their guests.
I’ll leave it to tort law experts to speak to the merits, but the comic book certainly raises the profile of the behavior of the sort of guests who stay at this property and is alone enough to make me want to avoid staying there.
Sure, maybe the hotel could put up a few notices, or maybe even install some barriers. But to close down for one year? How many hardworking, innocent hotel staff are going to be out of a living for that year? That’s some big selfishness on the part of the comic book store, although of course, maybe this is just one of those outrageous requests that lawyers insert just as a bargaining tool, knowing they will never actually get it.
The most practical solution for the comic book store is to buy better insurance and/or move. But Americans have to litigate everything, so here we are.
“But Americans have to litigate everything, so here we are.”
I think you mean “Americans have no respect for others and their property”.
That is much closer to the truth and unless there are financial/criminal penalties too many people won’t behave.
Non-lawyer here who will have to ask the lawyer in the family, but I did find innkeeper law has a long history and there is this:
Hotels have a general duty to reasonably protect guests from harm caused by other guests or non-guests.
If this has been happening for years and the comic book store complained about it, making it “forseeable”, then yes, the hotel could be liable. The doctrine of “attractive nuisance” could also possibly apply – “Hey, these windows open, let’s throw things out!” I’ll let the lawyers hash it out from there, but I don’t think they went to this much trouble with no hope of winning. It’ll be an out of court settlement.
Does the store have a legit case, IDK, IANAL but I don’t think that the store has a responsibility to care about the “innocent” workers at the hotel either. That is for the hotel to worry about. If it is that important to the hotel, they would have done something about this. Again, No idea if the store has a real legit case or not but I don’t think the store should even consider the employees of the hotel. heck in the service industry right now, you can get a job in an hour by walking across the street so you won’t be out of a job long.
C_M, you quoted “Hotels have a general duty to reasonably protect guests from harm caused by other guests or non-guests.”
Which may be true, or maybe not, in Texas (you’d have to look at Texas law specifically), but in any event, that says it’s a duty owed by the hotel to *guests* of the hotel. Not owed to “third parties located near the hotel”. The “guests or not guests” refers to who causes the harm – but again, only harm to the guests. The comic book shop is not a guest of the hotel.
That doesn’t mean the suit is meritless, but it means the provision you cited is irrelevant.
I wish I could have been there when fun-loving guests attempted to launch 14 fire extinguishers through Comic Book Guy’s roof. Sounds like one hell of a night!
I used to go to Third Planet all the time when I lived in Houston. It has been there for close to forty years. Surprised they are just taking this action now.
Kevin M, Yes, my quote doesn’t exactly apply, it was intended to note that hotels can be held liable for the actions of their guests to third parties. It’s not impossible to see that in regard to the guest of a property, not a trespasser, the property can be held liable when the guest uses the facilities to damage an adjacent property, particularly when it has happened repeatedly, therefore was foreseeable. My in-house lawyer said it depends on exactly how Texas law reads, but this is pretty much Common Law, so liability is pretty well established. Furthermore, she pointed out, if the hotel supplied alcohol to the guests, dram shop laws could also apply. And you have to admit, a guest(s) gathering up 14 fire extinguishers should surely have been noticeable at some point by the hotel. You don’t do that in 5 minutes.
Of course this all depends on the laws of Texas and the facts as provable in court, but it’s not a lawsuit out of nowhere with no chance. What would be interesting is if the hotel could figure out who the guests were and sue them in turn.
My outhouse lawyer says C-_M needs a new in-house lawyer.
Anyone who lives in Houston deserves compensation merely for dealing with heat, humidity, traffic, crime, and GIANT ROACHES.