HOUSTON — Omni Houston Hotel at Westside recently answered a lawsuit brought by a man who claims he fell into the koi fish pond located in the lobby due to the hotel's failure to have adequate lighting, barriers or warnings in the area.
Seeking between $250,000 and $1 million in damages, Joseph Phoenix filed a complaint June 24 in Harris County District Court against TRT Development Company - West Houston (Omni).
In his suit, Phoenix claims that while a guest at the Omni Houston Hotel at Westside on Feb. 22, 2020, he suffered a severe fractured ankle and other injuries after falling into the indoor koi fish pond in the lobby.
He alleges there were no warning signs or barricades around the pond that was at floor level in the lobby which had "extremely poor lighting."
He also claims the defendants were negligent for allowing a dangerous condition to exist in such a high traffic area of the hotel lobby and failed to reduce or eliminate the danger.
On Feb. 10, TRT Development answered the suit, asserting a general denial and arguing that the condition was “open and obvious.”
“The alleged premises condition of which Plaintiff complains was already appreciated by Plaintiff, was open and obvious, was not concealed, and/or was a known risk and, therefore, Defendants deny that they owed any duty to warn Plaintiff of the alleged premises condition or protect Plaintiff from same,” the answer states.
Phoenix claims as a result of his injuries he has suffered pain, physical disfigurement, mental anguish, lost wages and incurred medical expenses.
He is represented by Kenneth Baird of The Baird Law Firm in Houston.
TRT Development is represented by attorneys Kyle Briscoe and Hope Zimlich Miranda of Peavler Briscoe.
Case No. 2021-38078