Monthly Archives: May 2010

Hotel Industry Health Risks: Centers For Disease Control (CDC) Finds Serious Pool Bacteria Code Violations At 15% Of Over 16,000 Hotels, Motels And Resorts

The Centers for Disease Control and Control and Prevention found that, aside from childcare facilities, that 16,569 hotels, resorts and motels had the highest rate of closure due to serious code violations, mainly low disinfectant in the water to battle bacteria, about 15% or 1 in 6 hotel inspections.

Shigella and novovirus cause stomach and intestinal infections like gastroenteritis. Another microorganism found in pools is pseudomonas, which causes harmless but unsightly pustules on the skin.

To prevent closures or violations, hotel managers and staff should be using routine maintenance and sanitation, with frequent pool checks during high use when chlorine will get a work-out. Anyone, including a member of the hotel staff can check the pH level of the pool by using free test strips available from the Water Quality & Health Council (water levels should be within 7.2 to 7.8.)

For more:   http://industry.bnet.com/travel/10006301/cut-the-crap-the-dark-side-of-hotel-pools-and-how-to-manage-it/

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Filed under Health, Insurance, Liability, Training

Hotel Information And Data Security Risks: Costs To Hotels Can Be High If Guests Personal Information And Credit Card Data Are Stolen

“…class-action claims will be brought against hotels. These are particularly problematic because while the actual damages may be low, the cost of settling is very high…”

…basis for a claim can be negligence—hotel guests can argue that even when a hotel did not overstep its promises, it is liable to a guest for negligence by not taking adequate steps to protect information. That is going to be even more important as state and federal governments pass laws and adopt regulations that require companies to take affirmative steps to safeguard personal information; these laws and regulations will form a road map for potential plaintiffs.

as we see larger and larger breaches (such as the recently announced Wyndham breach), it’s likely that class-action claims will be brought against hotels. These are particularly problematic because while the actual damages may be low, the cost of settling is very high. Second, governmental agencies—particularly states’ attorneys general and the Federal Trade Commission—are increasingly active in monitoring and investigating breaches. Even where no damages are incurred, responding to investigations is a costly, time-consuming process. I am currently working on a response to an informal FTC investigation that recently topped 1,000 pages—and we’re about half way through.

For more:   http://www.hotelnewsnow.com/Articles.aspx?ArticleId=3364&ArticleType=35&PageType=News

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Filed under Crime, Insurance, Liability, Theft

Hospitality Industry Liability Insurance: Hotels And Restaurants That Provide Valet Service Must Have Liability Insurance And Garage Keepers Legal Liability Coverage

Liability insurance and garage keepers legal liability insurance are two specifically different coverage’s.

In the news recently, a man used a valet on a lunch date with his wife. A man, pretending to be the valet, used his claim ticket to steal his wife’s brand new BMW...

Liability insurance provides protection for the parking company for their negligence should they injury or damage someone or someone else’s property (i.e. Bodily Injury and Property Damage Coverage).

This would be to a third party. Garage keepers legal liability insurance provides protection for the parking company for their negligence should they damage the customers vehicle in which they have taken into their care, custody and control.

For more:  http://www.valetpark.net/ins.html

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Filed under Insurance, Liability, Theft

Hotel Swimming Pool Health Risks: Hotel Pools Are Extremely Unhealthy As Chlorine Is Neutralized By Sweat, Suntan Lotion And Urine

Fecal particles are a common factor, especially in kiddie pools and fountains where children frolic. But urine is also a problem: It contains nitrogen that eats up chlorine in pool water, depleting the supply. Sweat and suntan lotion have the same effect.

And about one in five adults admit they have peed in the pool, according to a survey of 1,000 Americans done last year for a chemical industry advisory group, the Water Quality and Health Council.

A new government report shows one in eight public swimming pools were shut down two years ago because of dirty water or other problems, like missing safety equipment.

Kiddie pools were most likely to be the germiest, from fecal matter and improper chlorination.

The report is based on more than 120,000 inspections of public swimming pools in 2008, including those in parks and hotels. It’s the largest study of the topic ever done by the Centers for Disease Control and Prevention, which released the report Thursday.

For more:  http://www.fox41.com/Global/story.asp?S=12517797

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Hospitality Industry Workers’ Compensation Risks: Hotel Owner Forced To Pay Large Settlement For Failing To Provide Injured Night Clerk With Workers’ Comp Insurance

“…secured a seven figure settlement against a prominent hotel chain after they failed to provide Workers’ Compensation to their night clerk who was injured in the course of employment…”

“…The hotel owner knowingly employed the clerk as an undocumented worker and was paying the clerk cash “under the table” without securing Workers’ Compensation insurance…”

The employee was injured when he went to investigate a complaint of noise coming from a hotel room and was brutally attacked by the occupants of the room.

 As part of the settlement the hotel chain was forced to take complete financial responsibility for their attempts to circumvent California labor laws. “We want our clients to be fairly compensated for injuries suffered at the hands of business owners who try to bend the rules, and we will leave no stone unturned when an employer tries to take advantage of his employees to save money and line his/her own pockets” said attorney McMahon.

For more:   http://www.onlineprnews.com/news/37680-1274803334-san-jose-law-firm-of-corsiglia-mcmahon-allard-resolves-5-personal-injuryemployer-liability-cases.html

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Filed under Injuries, Insurance, Liability

Hotel Pool And Spa Health Risks: Super Bug “Crypto” Causes Most Common Recreational Water Illness (RWI), Survives For Days In Chlorinated Water, And Can Be Prevented Only When Guests Shower Before Swimming

[youtube=http://www.youtube.com/watch?v=bSTNXPJ0Htw]

 Healthy swimming expert Michael Beach warns about the superbug Crypto that causes the most common recreational water illness and suggests anyone with diarrhea should stay out of the water. The video explains that though we use chlorine to kill germs and protect our health, Crypto can survive for days in chlorinated water.

[youtube=http://www.youtube.com/watch?v=CawLQetCfKA&feature=related]

The second of three videos produced by the Idaho Department of Health & Welfare to raise awareness of Recreational Water Illness and how to prevent them.

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Hotel Industry Identity Theft Risks: Police Arrest Three At Oregon Hotel Who Used Fake ID’s And Stolen Credit Cards

“The name on the credit card, when they swiped it, didn’t come up on the display to match the id they had,” she said.

Hotel workers tried to verify the card with Visa, but they were unsuccessful.  Police arrested Patrick Marsden, Christopher Baker, and Arlene Goe for theft of services. Officers raided their room and seized credit cards, possible stolen property and equipment used to make fraudulent IDs.

Police arrested three identity theft suspects who rented a room at a downtown Portland hotel.

“For identity theft it’s pretty sophisticated,” said Detective Cheryl Waddell.

“Everyone denies ownership,” said Officer Clint Snodgrass.  “They say the stuff in the room is not theirs,” he added.

Detectives say the group also made purchases up and down the coast and at REI in the Pearl, all using fake id’s and fraudulent credit cards.

“They’ve gone pretty much exclusively digital,” said Waddell.

For more:   http://www.kgw.com/news/local/3-ID-suspects-arrested-at-Portland-hotel-94620904.html

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Hotel Industry Health Risks: Wisconsin Hotel Kitchen Is Source For Gastrointestinal Illness Suffered By Hotel Guests At A Fund-Raising Luncheon

A norovirus usually comes on suddenly, with 24 to 48 hours of exposure, with symptoms lasting one or two days, according to the Centers for Disease Control and Prevention. It can spread by eating food or drinking liquids or touching contaminated surfaces.

“…the Country Springs kitchen has been cleaned and kitchen staff have been informed about proper hand washing…”

Waukesha County health officials confirmed Monday that a norovirus is behind the outbreak of gastrointestinal illness reported by many of the 500 people attending a fund-raising luncheon last week at the Country Springs Hotel.

Julianne Klimetz, a county spokeswoman, said initial lab results confirmed the cause. In addition, investigators have confirmed that two people handling the food were ill at the time.

Health officials have not gotten reports of any secondary infection, in which someone who attended the lunch and became ill then spread it to someone else.

“It can be spread quite easily from one household member to another,” Klimetz said.

For more:     http://www.jsonline.com/news/waukesha/93988304.html

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Hospitality Industry Insurance: Directors’ And Officers’ Liability (D&O) Insurance Must Have “Dedicated Limits” Coverage To Cover Legal Defense Costs

“…the industry invented what’s known as dedicated limits–sometimes called difference-in-conditions–coverage. This coverage sits on top of and is excess to both the indemnity contracts and the company’s general D&O policy and is specifically intended to cover the situation where the company cannot or simply will not advance the director and officer his defense costs for matters with criminal law implications or otherwise…”

(From a RiskAndInsurance.com article)   Typically, directors and officers have an employment agreement, corporate by-law or separate contract that requires the company to “advance” (i.e., loan) them their legal defense costs should they become involved in a suit or investigation that could have criminal law implications for them. This is a director’s and officer’s first line of protection.

The programs then also typically insure directors and officers under D&O insurance policies. “Side A” of such policies insures them directly. “Side B” reimburses the company if it advances them money for defense costs under the company’s by-law or contract. And “Side C” covers the company’s fees if it is a defendant in a securities case.

Because all the coverages fall under a single limit, whatever is paid to the company under one side reduces the total coverage available. Plus, if there’s a big self-insured retention–a deductible–the directors and officers may have to pay it out of their pockets.

It’s for that reason (among others) that the industry invented what’s known as dedicated limits–sometimes called difference-in-conditions–coverage. This coverage sits on top of and is excess to both the indemnity contracts and the company’s general D&O policy and is specifically intended to cover the situation where the company cannot or simply will not advance the director and officer his defense costs for matters with criminal law implications or otherwise.

Most companies, however, do not have this coverage. Perhaps this complicated structure may have caused directors and officers in the past not to investigate their protection in great detail.

 For more:   http://www.riskandinsurance.com/story.jsp?storyId=395653638

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Filed under Insurance, Liability

Hotel Pool And Spa Health And Safety: Pool Inspection Data Reveal That Failure To Maintain Disinfectant And pH Levels Are Serious Code Violations And Put Guest Health At Risk

“…hotel/motel pool inspections had the highest percentage of disinfectant level violations (….12.8%)..”

“…The most frequently reported type of recreational water illness (RWI) outbreak is gastroenteritis, the incidence of which is increasing…”

“…Of 111,487 inspections, 13,532 (12.1%) resulted in immediate closure because of serious violations (e.g., lack of disinfectant in the water)…”

Prevention of RWIs at treated venues requires pool operators to 1) maintain appropriate disinfectant and pH levels to maximize disinfectant effectiveness and 2) ensure optimal water circulation and filtration. Pool codes, promulgated by individual state or local public health agencies, govern pool operation.

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