Monthly Archives: April 2013

Hospitality Industry Legal Risks: Louisiana Hotel Sued By Guest Who Broke His Nose Walking Into A Glass Door; Claims “Unmarked Electric Glass Door Failed To Open Properly”

“…The (hotel) is accused of failing to keep doors properly functioning for its guest, failing to have doors properly marked for its guest, failing to Hospitality Industry Injury Lawsuitsensure the safety of its guest, failing to comply with the legal and contractual obligations for its guest, failing to act in good faith in paying for the losses of its guest and breaching its fiduciary duties and obligations for its guests…”

An Atlanta, Ga. man is suing a local hotel after he broke his nose when he walked face first into a glass door. Timothy Daniel filed a lawsuit against Clarion Inn & Suites, Choice Hotel International Inc. and their insurer in the Orleans Parish Central District Court on Feb. 15.

Daniel claims that while exiting the hotel building, without any warning signs, he walked into an unmarked electric glass door and broke his nose because the door failed to open properly.

The plaintiff is seeking full and just compensation for his losses caused by the injuries.

For more:  http://louisianarecord.com/news/251299-hotel-guest-sues-over-broken-nose-after-walking-into-glass-door

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Filed under Guest Issues, Injuries, Insurance, Liability, Management And Ownership

Hospitality Industry Technology Solutions: A “Hotel Technology” Checklist For Improved Guest Safety, Security And Convenience

Hotel Technology SolutionsThe following are from the “DO’s and DON’TS of Hotel Technology v5” for improved safety, security and convenience of hotel and resort operations:

  • Have universal power sockets with USB power sockets easily available for guest-use in public areas, especially Lobby Lounges, Dining areas, Club Lounges and Poolside – also have international adaptors handy
  • Have a smartphone compliant version of your hotel data file available for download on your website at the same time make sure your website is mobile compliant
  • Check all the peep holes on guest room doors to make sure they are secure and the right way round
  • Mount irons on wall brackets in closets instead of placing them on the floor or shelves
  • Clearly display broadband charges, if your hotel has any and have a sign-on page if your Government so requires it
  • Have an emergency torch/flashlight in the guest room
  • Have a person or system to monitor social networking sites for mentions about your hotel and respond appropriately and in a timely manner
  • Monitor what is written about your Hotel on Social networking sites like Trip Advisor
  • Put a notice on your HSIA sign-up screen that your government may block access to certain websites and internet services if they apply to you. Have your IT People know how to workaround this if the Guest asks
  • Make sure the electronic door lock on the guest room door closes quickly when the door shuts
  • Add CCTV cameras inside your Data Center – one that is directed to the server racks and the other, to the entrance door
  • Use electronic locks on your Server racks – not just metal keys
  • Use a bio-metric reader or PIN pad for staff entrance/egress that is linked to the Time and Attendance/Payroll System
  • Make sure your room safe is bolted down to a floor or wall and cannot be easily removed
  • Monitor the TV volume in the guest room so that it can go down very low and not too high. Some guests like to leave the TV on all night but at a very low background volume
  • Have a very low nightlight in the bathroom/toiletConsider using Motion/Presence [PIR] detectors rather than key cards to control energy in-room
  • Check from time to time in-the-floor power sockets – the metal type which are supposed to lift up when the clip if flicked – most often they stick after a while having been covered with floor polish and dust
  • Consider having a secure place where Guests can deposit their valuables and gadgets at the poolside or beach if they want to take a dip in the pool or use the sauna
  • Test your [magnetic] key cards to see if they de-magnetize when placed next to a mobile phone – often they do and is a great inconvenience to the guest as well as an operational chore
  • Have your IT team join such organizations as HFTP and HTNG so that they keep up to date with Hotel Technology – you should also sponsor them as well as have them attend various Conferences and Exhibitions
  • Regularly check and install Service Packs and software upgrades

For more:  http://www.hospitalitynet.org/news/global/154000320/4060454.html

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Filed under Guest Issues, Maintenance, Management And Ownership, Risk Management, Technology

Hospitality Industry Property Risks: Texas Restaurant Is A “Total Loss” After Kitchen Fire Destroys Building; “Old Structure” Was Not Insured

“…No one was injured but the Yum Yums building was a total loss…it was not insured. Fire officials believe the fire sparked in Restaurant Firethe restaurant’s kitchen downstairs, but the exact cause is unknown. The structure is unsafe for fire investigators to go inside, so the department will not be able to determine an exact cause…”

Three people were uninjured following an early morning fire at a downtown Jacksonville restaurant Sunday. At 12:12 a.m., a man who lived in an apartment above Yum Yums Restaurant and Bakery, in the 200 block of South Main Street, woke up to an explosion sound and ran downstairs, said Jacksonville Fire Chief Paul White.

The structure fire was located about a block from the fire station, and firefighters arrived on scene at 12:13 a.m., White said. There was fire at the back of the building and heavy smoke in the front when firefighters arrived, he said. Flames were soon shooting from the roof and out windows.

The fire quickly consumed the old structure, making it unsafe for crews to be the inside the building. Five ladder trucks from numerous departments were on scene to help, White said.

“It was a big fire, and the ladder trucks saved the day,” White said. “It as too dangerous to go inside so it was basically a defensive fire. (firefighters) basically put a lot of water on it.”

For more:  http://www.tylerpaper.com/article/20130428/NEWS01/130429754

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Filed under Fire, Liability, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Safety Solutions: “Hotel Pool Safety Inspection Checklist Mobile App” Represents Latest Mobile Technology For Hotel Managers (Video)

[youtube=http://www.youtube.com/watch?v=cVDX7SqSDxk]

The Pool and Spa Inspection Operators app provides detailed checklists that can be completed on a mobile device for the following areas: signs, safety features, chemicals, water clarity and general pool conditions, water circulation, pool facilities and general operation. This app also offers customization for pool or aquatic centers needs.

For more: http://www.gocanvas.com/mobile-forms-apps/8311-Hotel-Pool-Safety-Self-Inspection-Checklist

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Filed under Guest Issues, Health, Liability, Maintenance, Management And Ownership, Pool And Spa, Risk Management, Technology

Hospitality Industry Crime Risks: Las Vegas Hotel Guest Rooms Burglarized By Thieves “Walking Down Hallways And Door Pushing”; Victims Held In Bathroom While Personal Items Stolen

“…Thieves can walk down a hallway and just by slightly pushing on a door can determine those rooms that are left unsecured… But Hotel Burglariesjust days after the couple’s stuff was stolen from the Luxor, police arrested two men for a similar crime at Excalibur…This time police paperwork indicated the thieves held the victims in the bathroom and stole their stuff. Hueslkamp think it’s tied to his case and said the hotel should be responsible for what’s stolen…”

Some Las Vegas tourists expect to lose thousands gambling inside the casino, but if they’re not careful they could also get ripped off inside their hotel room. Huelskamp, an Ohio tourist, told Action News his story via Skype. He said that he and his fiance were staying at the Luxor and while they were sleeping a thief walked right into their room. It’s crime police call “door pushing” and it can happen at any hotel.

The couple took a photo of the door they thought closed behind them. There is no dead bolt and after a long road-trip to Las Vegas they went to bed thinking they were safe. “We went to bed, we know at 1:26 a.m. because we watched a movie on the iPad that was later stolen,” Huelskamp said. “It was no further than six inches away from my beautiful wife’s head.”
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Police don’t know how often door pushing happens because they get hundreds of reports of burglaries every day. After this happened and even in travels today I am still a little weary about staying in a hotel no matter where we are,” he said.
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The Luxor sent Action News a statement that reads “We are sorry for the Hueslkamp’s unfortunate experience. Our resorts have extensive security and surveillance systems in place but there is no substitute for being alert. Even on vacation, guests should always remain aware of their surroundings and ensure their hotel room doors are securely closed and locked at all times.”
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Filed under Crime, Guest Issues, Insurance, Liability, Risk Management, Theft

Hospitality Industry Safety Solutions: Hotel Management Must Regularly “Test Emergency Power Supply System Generators With Load” To Ensure Guest Safety During Power Outage And Loss

“…the most important maintenance issue for emergency power supply systems is the requirement to regularly test the generators with load. Most often it becomes inconvenient to perform the test due to interruptions to delivering guest services. In order that proper testing of the Hotel Emergency Power Systemsemergency power distribution system doesn’t negatively impact hotel operations, modern technology enables a design engineer to develop an automatic power transfer system that provides a seamless transfer between the municipal utility supply and the generator system…”

Proper maintenance includes, but is not limited to, fuel filtration to reduce the possibility of contaminants, battery maintenance and replacement to ensure a successful generator start every time, and periodic load testing to reduce the possibility of failure.

Emergency generators are installed in hotels to prevent hazards associated with loss of municipal electric power supplies. The reliability of electric power supplies for Fire and Life Safety systems is critical. In a hotel, the automatic power transfer switches that transfer the electricity source to the emergency generator, must be timed to provide electric power to fire and life safety loads within 10 seconds and to standby loads within 60 seconds of loss of municipal power supply. The life safety loads include:

  • Illumination of exits from a hotel building leading to an assembly point
  • Emergency exit signs
  • Alarm and alerting systems such as the fire alarm system
  • Controlled emergency communication systems
  • Emergency generator-set room lighting
  • Fire suppression systems
  • Smoke management systems

An emergency power source cannot perform successfully unless each system component functions properly. While attention is often given to protecting the engine-generator set, components such as the fuel system, the age of the fuel (if using a fossil fuel product) and the emergency power transfer panels may not have the same degree of care. As a result, the emergency power source may fail.

For example if the engine-generator set in a hotel is installed on the roof to avoid being flooded, but the automatic power transfer system and emergency power panels are located in the basement, then in the event of a flood the system is likely to fail, regardless of the reliability of the engine-generator.

Hotel developers spend an enormous amount of money on emergency power supply systems so they are assured that in the event of an emergency, the hotel will have the power required to ensure the safety of their guests and associates.

For more:  http://www.hospitalitynet.org/column/global/154000392/4060426.html

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Filed under Guest Issues, Maintenance, Management And Ownership, Risk Management, Training

Hospitality Industry Property Risks: Illinois Restaurant Limits Floodwater Damage Through Installation Of “Special Flood Prevention Equipment”; $700,000 Cleanup Costs In 2008 Lowered To Under $1000 In 2013

“…special flood prevention equipment (was installed) at the McDonald’s after the 2008 flooding; including shutoff valves for the sewer lines, and Restaurant Flood Risksrubberized door dams… only about a half an inch seepage (from this flood) in the building through penetrations in pipes, and stuff like that, unlike 2008, (when there was) 27 inches…(the owner estimated there was) as much as $700,000 on cleanup from the 2008 flood, but only several hundred dollars this year…”

Two eateries next door to each other in northwest suburban River Grove were in very different stages of cleanup on Tuesday, as flood waters from the Des Plaines River slowly receded. WBBM Newsradio’s Bernie Tafoya reports, next door at the famous Gene and Jude’s Red Hot Stand, a big flood cleanup was underway on Tuesday. Workers were seen donning respirators while cleaning up inside on Tuesday, and tossing out flood-damaged debris, while the McDonald’s next door was getting ready to open for business.

It’s not that the flooding wasn’t as bad at the McDonald’s, it was the result inside the two restaurants.

“It’s money well-invested,” Karayanes said.

For more:  http://chicago.cbslocal.com/2013/04/23/a-tale-of-two-restaurants-flood-damage-varies-depending-on-preparations/

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Filed under Flood Insurance, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Technology Solutions: Hotel Guests Are Increasingly “Comfortable With Transition To Digital Services”; The Increasing Benefits Of “Cost Savings And Inventory Management”

“…most guests, especially younger ones who are used to having information at their fingertips, were comfortable with the Hotel Technology Solutionstransition to digital… Some hotels, especially luxury brands, are more likely to keep both the staff interaction and the technology offeringsHotels are also using technology to save money and manage inventory. Workers used to have to count sheets, towels, robes and table linens by hand on the way out of the hotel to the laundry and on the way back in, to try to avoid theft. Some hotels now stitch in small radio frequency ID tags, which transmit radio waves, so that when a cart of laundry passes by a sensor, the number of items inside is displayed. The method saves time in counting items and has decreased theft…”

Hotels around the world are using technology in new ways, with the goal of speeding up or personalizing more services for guests. David-Michel Davies, president of the Webby Media Group, said he visited Internet companies around the world each year for the Webby Awards, which honor excellence on the Internet. He said he had found that hotels were using technology as a substitute for human hospitality.

Instead of the staff at the front desk offering advice on where to go for dinner, guests may be lent an iPad loaded with maps and suggestions for local restaurants and sightseeing. A hand-held device in the room might control the television, blinds and temperature, replacing the role of the bellman who would describe how the features in the room work when he dropped off a guest’s luggage. “Hotels are transforming service into a digital concept,” Mr. Davies said.

Barbara Kahn, who studies consumer decision-making as director of the Jay H. Baker Retailing Center at the Wharton School of the University of Pennsylvania, said most guests, especially younger ones who are used to having information at their fingertips, were comfortable with the transition to digital. Some hotels, especially luxury brands, are more likely to keep both the staff interaction and the technology offerings, she said.

Some technology offerings extend beyond the hotel’s walls. The Park Hyatt Tokyo rents guests a pocket-size mobile Wi-Fi connector to use with an iPhone, iPad, BlackBerry or laptop to make international calls and get Internet access wherever they go during their stay.

For more:  http://www.nytimes.com/2013/04/23/business/electronic-smarts-at-hotels-attract-guests.html?pagewanted=all&_r=0

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Filed under Guest Issues, Maintenance, Management And Ownership, Risk Management, Technology

Hospitality Industry Security Solutions: Hotels In Metropolitan Areas Should “Create Actual Security” With “Layers Of Properly Trained Personnel”; A Need For Sophisticated Security Cameras For Thermal And Infrared Viewing

“…what (hoteliers) want to create is actual security and depth—layers of properly trained personnel to meet the risks that are known for the venue you’re in…if you’re in Times Square, covert effort is more appropriate…vulnerability audits help find ‘weakness in the system that can be hotel securityexploited or lapse during a crisis’…the audit shows some oft-forgotten measures, such as making sure the hotel’s website can handle a thousand times the traffic without crashing or that associates know appropriate protocols….every employee is a crisis manager and a (public relations representative) for the organization…’if you don’t teach them what they should and shouldn’t do, they’ll wing it’, and that can be dangerous to a hotel’s reputation…”

“…(sophisticated security equipment such as) thermal and infrared viewing for nighttime and low-visibility conditions, license plate readers, car counters, people counters, cameras with analytics that follow subjects automatically and alert critical areas of operation…”

While hotels can be safe havens for guests, they can be the target of attacks as well. Anthony C. Roman, president of risk-management firm Roman & Associates, said the hotel industry has suffered in the last decade. Hard economic times globally have caused hotels to cut back on security budgets. As more hotels are taking the appropriate preventive security measures, other hotel brands have not addressed the issue at all. “And yet other brands are subcontracting their security requirements to private security companies,” he said.

The constant flow of large numbers of people in and out of hotels during daily business hours makes them vulnerable for attacks, according to global intelligence agency Stratfor. “There’s certainly fear,” Haley explained. “There are few targets that offer the potential awards for motivated terrorists that hotels do.” Those rewards are a large target with potentially massive body counts and global exposure. The problem with hotels, he added, is “they’re open and inviting places.”

For more:  http://www.hotelnewsnow.com/Articles.aspx/10326/Terrorism-risks-heighten-hotelier-awareness

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Filed under Crime, Guest Issues, Liability, Management And Ownership, Risk Management, Technology, Training

Hospitality Industry Legal Risks: California Restaurant Franchisee Settles EEOC “Disability Discrimination Lawsuit” For $100,000; Former Floor Supervisor With “Intellectual Disability” Demoted To Janitorial Position

“…The EEOC contends that once Alia took over,  Alia management demoted Morgan to a janitorial position, cut his hours and reduced  his hourly EEOCwages, thereby forcing him to find other employment and resign by  June 2009.   The EEOC’s lawsuit argued  that Alia Corporation thus engaged in disability discrimination that violated  the Americans with Disabilities Act  (ADA)…”

Alia Corporation, a franchisee  with over 20 fast-food chain restaurants throughout Central California, agreed  to pay $100,000 to settle a disability discrimination lawsuit filed by the U.S.  Equal Employment Opportunity Commission (EEOC), the federal agency announced  today.

The EEOC originally filed suit against the Merced,  Calif.-based company in 2011 on behalf of Derrick Morgan, a former floor  supervisor with an intellectual disability (EEOC v. Alia Corporation, Case  No. 1:11-cv-01549-LJO-BAM, U.S. District Court, Eastern District of  California).  Morgan was known to be a good employee and  promoted by previous management from crew member to super­visor in 2008.

As  part of the settlement announced today, the parties entered into a three-year  consent decree requiring Alia to hire an equal employment opportunity (EEO) monitor  to create anti-discrimination policies and procedures; a complaint process and  impartial investigations; a centralized tracking system for discrimination  complaints; a system to hold employees accountable for discrimination; and,  annual live disability discrimination training for all management and human  resources employees.  The $100,000 in  monetary relief shall be paid entirely to Morgan.  The EEOC will monitor compliance with the agreement.

“Employers cannot allow biases and stereotypes to factor  into employment decisions,” said Anna Y. Park, regional attorney for the EEOC’s  Los Angeles District Office, which includes Fresno in its jurisdiction.  “The EEOC commends Alia Corporation for  today’s settlement, as it marks a new path for Alia — one which includes equal  employment opportunity for all of their employees, regardless of disabilities.”

Melissa  Barrios, director of the EEOC’s Fresno Local Office, said, “Disability discrimination  charges are on the rise in California, comprising 30% of all charges  filed.  Workers who are unjustly  penalized due to their disabilities have protections under federal law, and the  EEOC is here to help.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/4-18-13.cfm

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Filed under Employment Practices Liability, Insurance, Labor Issues, Liability, Management And Ownership, Training, Uncategorized