SAN ANTONIO (CBSDFW.COM/AP) — A woman pushing her son in a stroller along the River Walk in San Antonio says a glass ketchup bottle fell from a fifth floor hotel balcony and hit the toddler in the head — now she’s suing for at least $1 million.

Cassandra DeLa Cruz’s lawsuit says her son, Jacob Francisco, suffered serious injuries to his neck, brain and other parts of his body after the bottle fell from the sky  just outside the Omni La Mansión Del Rio hotel.

The lawsuit names the hotel, its Dallas-based parent, Omni Hotels & Resorts, and its owner, TRT Holdings of Irving, as defendants. DeLa Cruz is seeking more than $1 million in damages.

DeLa Cruz’s attorney, Simon Fraser, declined to comment and Omni Hotels & Resorts didn’t respond to a newspaper request for comment.

The lawsuit, filed in Texas District Court in San Antonio, says since the the bottle fell on him in 2018 Jacob has received medical treatment and that his “injuries may be permanent in nature.”

The complaint does not provide details about his injuries or the nature of the treatment he has undergone but notes Jacob “may continue to suffer into the future, physical pain and mental anguish.”

The San Antonio Police Department said the mother and a witness reported the incident to two hotel managers. A police officer interviewed two people in a hotel room who said they had been eating burgers on the balcony, and one of them said he may have accidentally knocked the 2.25-ounce Heinz ketchup bottle over the edge, according to the SAPD.

He said he tried to get to the lobby to investigate what happened but that the elevator stopped at the third floor.

Preliminary information shows the officer told DeLa Cruz that it “was an accident and would not be filed as a criminal offense”.

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