Elderly Couple Sues Tap & Still in St. Thomas After Alleged Hazardous Step Causes Fall

The couple claims that H&M Holdings, Tap & Still's operator, failed to address a dangerous condition, leading to multiple injuries for Mr. Horwitz and a loss of companionship for Mrs. Horwitz.

Herbert and Iris Horwitz have filed a civil lawsuit against H&M Holdings LLC, the company operating Tap & Still in Havensite, St. Thomas. The couple alleges that while dining at the restaurant on February 3, 2023, Mr. Horwitz stepped onto a broken step at the entrance as they were leaving, causing him to lose his balance and fall. According to the claim, he sustained injuries to his head, right shoulder, right elbow, right wrist, hand, both knees, and lower back.

According to the lawsuit, nobody from the restaurant initially came to Mr. Horwitz's assistance. Instead a fellow patron helped him up. When that customer requested paper towels and bandages to attend to Mr. Horwitz's wounds, the lawsuit claims that again, none of the several employees offered help to the 80-year old bleeding man. Eventually, an employee of Tap & Still reportedly came forward and apologetically offered Mr. Horwitz “what appeared to be a dirty bandage,” the civil claim states. That employee also reportedly disclosed that the restaurant knew that the step could be a problem, and said that similar incidents have occurred in the past because of the broken step. At the time of Mr. Horwitz's fall, he claims there was no signage warning of the potential for injury, nor was there tape, or cones placed to cordon off the area.