The Ketchup Bottle Incident in San Antonio

In recent news, a San Antonio River Walk hotel is being sued after a mother witnessed a glass ketchup bottle hit her son on the head, causing serious injuries. The mother is currently suing the hotel’s parent company for gross negligence, pain and suffering, and medical expenses.

So, how did a falling ketchup bottle turn into a million-dollar lawsuit? Well, the story begins in August 2018 when Cassandra De La Cruz was taking a stroll along the San Antonio River Walk with her then two-year-old son Jacob, who was in a stroller at the time of the accident. Suddenly, a glass bottle of ketchup fell from a balcony at the Omni La Mansión Del Rio, striking Jacob on the head.

According to the reports, guests staying on the fifth floor of the hotel were eating their room-service burgers on the balcony, when one of the guests accidentally bumped into the food cart, causing the bottle to fall from the balcony. A witness backed up De La Cruz’s account and helped hotel managers identify which balcony the bottle had fallen from.

The lawsuit claims that the toddler had suffered serious injuries to his neck and brain, as well as other parts of his body. The injuries “have already impacted his health and wellbeing,” the lawsuit reads. The complaint does not provide details about his injuries or the nature of the treatment he has undergone but notes that Jacob “may continue to suffer into the future, physical pain and mental anguish.”

De La Cruz, who is being represented by an attorney within the practice of Thomas J. Henry, has named the local hotel, parent company Omni Hotels & Resorts and owner TRT Holdings, all of which are Texas-based companies. The lawsuit also named Eric McCoy, one of the guests that caused the incident by not being able to keep the ketchup bottle from falling.

McCoy has claimed that he tried to grab the bottle before it fell off the balcony, and even went downstairs to make sure no one was hurt. De La Cruz alerted hotel employees and police responded to the scene. Officers reassured De La Cruz that the incident was an accident and that this incident wouldn’t be filed as a criminal report.


Nevertheless, De La Cruz is suing Omni La Mansión Del Rio for $1 million in damages. The lawsuit also holds the hotel responsible for keeping pedestrians safe from objects that could fall off a balcony.

If you or a loved one has been injured in an accident, give us a call at 214-210-2100 for a free, confidential case consultation.

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