Starbucks Sued Over Tip Jars That 'Invited Criminal Behavior'

Starbucks has been slapped with a lawsuit three years after a Missouri altercation over an open Starbucks tip jar led to the death of 54-year-old Roger Kreutz.

On March 3, 2008, Kreutz chased down then 19-year-old Aaron Poisson after seeing the culprit nab a tip jar with less than $5 inside it. The two physically struggled outside Poisson's car, but Poisson eventually broke free. He then backed his Ford out of a parking spot and over Kreutz, who later died of head injuries.

Kuertz's family filed a wrongful-death lawsuit in St. Louis County Circuit Court on Monday, but not against Poisson. They're blaming Starbucks, who they allege "invited criminal behavior" by leaving tip jars "within reach of customers." According to the St. Louis Post Dispatch:

[The lawsuit] alleges that Starbucks "did not employ security to prevent the perpetration of such crimes" and that it "invited the act of perpetration of said crime" by having a tip jar.

As a "direct and proximate" result of this, Kreutz was killed after he was hit by the car, the filing claims.

It says Starbucks had a duty to "exercise reasonable care" to protect Kreutz or give him adequate warning against harm.

Read the full lawsuit here:

StarbucksTip

(h/t The Consumerist)

Comments

[LASIS Blog]

11:34 AM on 04/17/2011

Legal As She Is Spoke, the legal journalism blog at New York Law School, analyzes why this suit is likely to be unsuccessful: http://www.lasisblog.com/2011/04/15/the-case-of-the-dangerous-starbucks-tip-jar/

[paddles]

11:19 AM on 03/23/2011

They shouldn't be tipped to begin with. They make minimum wage (or more) and tips are for servers/bartenders who are paid less than minimum ($3.20 in Mass). I know someone who worked at Starbucks and made close to $100 a week in tips-tax free. If you're accepting tips you should be declaring them.

[xmasboy]

09:52 AM on 03/17/2011

seriously?

[xmasboy]

09:49 AM on 03/17/2011

?

[Tj Bronx]

08:30 PM on 03/15/2011

lol, this is just silly.
Tip jars are now suppose to be out of the reach of customers?
I am a part time bartender, this is just hilarious.

There are many hungry people out there these days, should groceries in the store be out of reach of the public also?

[SierraNevadaOnTap]

12:41 PM on 03/15/2011

They should also sue the Treasury Department for creating the money put in the tip jar. No money, no crime. If that does not work sue the generous individuals who had the nerve to tip. Or maybe, just maybe the family could accept that the worker's decision to chase the criminal was probably the cause of the sad and tragic loss.

[drillsgtmark]

01:11 AM on 03/15/2011

Always go for the deep pockets. Why not? There are ambulance chasers regardless of where you live. Hopefully conventional wisdom prevails.

[exile]

12:47 AM on 03/15/2011

the kids didnt fall far from the tree

[Aristofaness]

11:51 PM on 03/14/2011

If you are in any kind of bussiness, you never follow the person stealing, that is a common sense rule. The persons stealing are desperate and are dangerous.

[Anita Siraki]

07:24 PM on 03/15/2011

seriously...there is a reason we have police departments and things like '911' exist...

[Tj Bronx]

08:28 PM on 03/15/2011

well in my community, the one that eliminated it's police and fire department several months ago, you have to take matters into your own hands as oppose to call someone that will never arrive.

[adoantarel]

11:45 PM on 03/14/2011

Yes, a tip jar is most effective in its purpose when out of reach of customers.

[Screed]

09:27 PM on 03/14/2011

or they can cut a slot into the granite counter, but what if the customer gets his finger caught in it? This is a tough one.

[Ragnar Danneskjold]

09:22 PM on 03/14/2011

Another trial attorney who NO DOUBT is a leftist and contributed to Obama. The judge should throw this out and send the plaintiff's attorney to jail for contempt of common sense. I have had it with frivilous lawsuits. This is flat out opportunistic insanity of a legal class of twisted ideologues bent on gaming the system to engorge thier wallets.

[DUSAA-1775]

09:49 AM on 03/15/2011

I do believe that when it comes to lawyers, Shakespeare had it right...

[docwindprod]

11:33 AM on 03/15/2011

"leftist and contributed to obama".... priceless.
your every post further exposes exactly how empty a vessel you truly are. bravo!
and thanks for contributing to the dialog.

[OpusIsUnderTheBed]

08:56 PM on 03/14/2011

Of course Starbucks was wrong. They should have denied employees their tips. They should have placed the tip containers further back and the customers could have played pitch and toss. They should have put an armed guard in every store. They should have chained employees to the counter.

A bus load of attorneys into the ocean, sinking, with an empty seat, is a missed opportunity.

[Big0725]

05:29 PM on 03/14/2011

Sorry for your loss folks, but Starbucks shouldn't be required to pay you a penny.

[bidalah]

06:42 PM on 03/14/2011

Doesn't sound like these folks suffered a loss yet. They obviously see the death of their loved one merely as a business opportunity. Here's hoping they do suffer a loss soon in court.

[DONCX]

07:56 PM on 03/14/2011

Well said!

[acidfree]

12:59 AM on 03/15/2011

Good thing that there is no way possible for them to have been manipulated into taking this action...everyone knows that all lawyers are saintly....

[climbing panda]

04:46 PM on 03/14/2011

if there is such a thing as justice in this country the judge will use his discretion and throw this out. it is ridiculous on the face of it and a prime example of why the plantiff's bar needs to be reeled in.