Awesome: Comic Store Owner Files Graphic Novel Against Neighboring Hotel
The elements of this case are not all that exciting. A comic book store owner has filed a property damage tort against a neighboring hotel after he says that the hotel allowed their guests to damage his roof. The owner says that hotel patrons had access to the hotel roof where they would throw stuff off onto his comic book store. The owner paid to have the roof replaced, but it was damaged again shortly after he paid for repairs. This prompted the owner to file a lawsuit against the hotel, but he did it in epic fashion.
The owner commissioned four artists to put the complaint together in graphic novel format detailing the complaints against the hotel. The owner alleges not only ongoing property damage but that guests caused fire damage by flicking lit cigarettes onto his roof. In an unrelated incident, guests from the hotel threw 14 fire extinguishers onto the roof, apparently not in a bid to extinguish a fire that they started, but rather an attempt to bowl with fire extinguishers as pins.
The lawsuit further states that the roof damage allowed water to seep into the store damaging rare and valuable items. The comic store owner is seeking $250,000 in monetary damages and demanding the closure of the hotel for one year following the judgment.
Can I file a graphic novel for my personal injury case?
No. You have to file a real lawsuit just like the proprietor did. While commissioning the graphic novel to describe the problems the plaintiff faced in the lawsuit, the graphic novel wasn’t filed in lieu of an actual filing, but alongside it. The 18-page novel describes the allegations against the hotel in detail, however, and it has pictures to boot. While we would not advise our clients to commission a graphic novel to undergird their own personal lawsuit, we can appreciate that the graphic novel medium is not entirely unsuited to the task.
Most lawsuits are not filed with this much intentionality. Instead, we use templates to describe the allegations our clients are making against defendants. These are incredibly boring to read. Lawyers are not entertainers. Our job is to name the parties in the suit, the allegations being made by our clients, and suggest a potential remedy for the situation.
Analyzing the lawsuit
A lawsuit like this can be filed under a number of theories of liability. In this case, allowing guests access to the roof created a situation where guests were allowed to cause property damage to a neighboring business. Had the guests caused injury, the hotel could have been held liable under a theory of negligent security. However, property damage emerging from business negligence is a closely linked concept under the law. The hotel created the means by which guests could damage neighboring property and are therefore alleged to be responsible for the damage.
Talk to a Houston Personal Injury Attorney Today
If you have been injured due to the negligence of the hotel, call the Houston personal injury lawyers at Livingston & Flowers today to schedule a free consultation and learn more about how we can help.