Monthly Archives: May 2013

by | May 21, 2013 · 5:44 am

Hospitality Industry Legal Risks: Kentucky Motel Owners And Manager Sued For “Negligence” By Woman Injured When Stairway Broke Away From Second-Floor Landing

“… stairway connecting a second-floor landing to a third-floor landing broke away at the lower end while the women were on it…(the plaintiff) states in her Hospitality Industry Injury Lawsuitssuit that the defendants were negligent by “specifically allowing or creating a hazardous condition in the stairwell of the premises by failing to ensure that the steps were safe for use …she also alleges the owners and manager should have known about the unstable stairwell…”

One of the women injured in a staircase collapse last month at a local motel is suing the business in Madison Circuit Court. Amanda Williams filed the suit May 15, alleging the owners and operators of the Super 7 motel, Richmond Host LLC and Alisha LLC, were negligent in maintaining the property, specifically the “unstable stairwell.”

Williams also is suing Paul Patell, who is listed in the suit as the motel’s local manager. On April 23, two women were injured when a set of exterior stairs collapsed.

Williams and another woman were taken by ambulance to Baptist Health in Richmond, and one of the women later was taken to the University of Kentucky Medical Center, according to a Madison County EMS official.

Williams said she suffered “serious and severe personal injuries” to her spinal cord and legs. She will need prolonged medical attention and may require surgery, according to the lawsuit.

Williams is suing to recover the costs of her medical care, pain and suffering, mental distress, future medical expenses and lost wages.

For more:  http://richmondregister.com/localnews/x508507707/Woman-sues-Super-7-over-staircase-collapse

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by | May 20, 2013 · 6:09 am

Hospitality Industry Health Insurance: Restaurant Chains Considering “Skinny Plans” That Offer “Acceptable Minimum Coverage” Under Federal Health Law; Preventative Services, Annual Doctors’ Visits And Generic Drugs Covered But Surgeries And Hospital Stays Are Not

“…(the “skinny plans”) cover minimal requirements such as preventive services, but often little more…Some of the plans wouldn’t cover surgery, X-rays or prenatal care at all…others will be paired with limited packages to cover additional services,  for instance, $100 a day for a hospital health insurance nationalvisit…Federal officials say this type of plan, in concept, would appear to qualify as acceptable minimum coverage under the law, and let most employers avoid an across-the-workforce $2,000-per-worker penalty for firms that offer nothing. Employers could still face other penalties they anticipate would be far less costly…”

San Antonio-based Bill Miller Bar-B-Q, a 4,200-worker chain, will replace its own mini-med with a new, skinny plan in July and will aim to price the plan at less than $50 a month, about the same as the current policy, said Barbara Newman, the chain’s controller. The new plan will have no dollar limits on benefits, but will cover only preventive services, six annual doctors’ visits and generic drugs. X-rays and tests at a local urgent care chain will also be covered. It wouldn’t cover surgeries or hospital stays.

Because the coverage is limited, workers who need richer benefits can still go to the exchanges, where plans would likely be cheaper than a more robust plan Bill Miller has historically offered to management and that costs more than $200 per month. The chain plans to pay the $3,000 penalty for each worker who gets an exchange-plan subsidy.

But, “those are going to be the people who will be ill and need a more robust plan,” and insuring them directly could cost even more, Ms. Newman said.

Many more workers, she expects, will continue to go without insurance, despite the exchanges and the limited plan. Currently, only one-quarter of workers eligible for the mini-med plan take it. Ms. Newman said, “We really feel like the people who are not taking it now will not take it then.”

Tex-Mex restaurant chain El Fenix also said it would offer limited plans to its 1,200 workers, covering doctors visits, preventive care and drugs, but not hospital stays or surgery. “What our goal was all along was to make [offering coverage] financially palatable for the company as a whole, so we didn’t do damage and have to let people go or slow down our growth,” said Brian Livingston, chief financial officer of Dallas-based Firebird Restaurant Group LLC, owner of El Fenix.

For more:  http://online.wsj.com/article/SB10001424127887324787004578493274030598186.html

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by | May 19, 2013 · 7:27 am

Hospitality Industry Property Risks: Ohio Restaurant Fire Caused By “Outside Propane Smoker Being Too Close To Wall”; Building A “Complete Loss” Estimated At $300,000

“…the fire chief (stated that) a restaurant cook was outside smoking prime rib when a propane fire got too close to the building…The building was Restaurant Firebuilt to code (but) it’s just the nature of the beast…they had a lot of fire moving fast, and it was hard to get to because it was under the roof, and the roof keeps water out like it is supposed to…firefighters said the building is a complete loss, about $300,000…”

A fire in North Ridgeville destroyed a local restaurant Saturday. It happened around 3 p.m. at the Black Dog Pub and Eatery on Sugar Ridge Road. Because of the disaster, the building couldn’t be saved. Crews had to demolish it. Crews with the North Ridgeville Fire Department said it was an accidental fire.

The owner of the restaurant, who didn’t want to be identified, was heartbroken as she looked on while several different agencies sprayed down the building.

“She just put a lot of money into the floors. She just remodeled the place you know. She was doing really good on business. Everything was going great,” said Xevier Neider, who was a chef at Black Dog. “It’s sad that she did a lot here, for it to just go up like that.”

For more:  http://fox8.com/2013/05/18/local-restaurant-catches-fire-with-patrons-inside/

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by | May 18, 2013 · 6:48 am

Hospitality Industry Legal Risks: EEOC Issues Revised Protections Against “Disability Discrimination” Including “Employees With Cancer, Diabetes, Epilepsy And Intellectual Disabilities”

Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that EEOCis not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).

The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer (“undue hardship”).

The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability.

The U.S. Equal Employment Opportunity Commission (EEOC) today issued four revised documents on protection against disability discrimination, pursuant to the goal of the agency’s Strategic Plan to provide up-to-date guidance on the requirements of antidiscrimination laws.

The documents address how the Americans with Disabilities Act (ADA) applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities. These documents are available on the agency’s website at “Disability Discrimination, The Question and Answer Series,” http://www.eeoc.gov/laws/types/disability.cfm.

“Nearly 34 million Americans have been diagnosed with cancer, diabetes, or epilepsy, and more than 2 million have an intellectual disability,” said EEOC Chair Jacqueline A. Berrien. “Many of them are looking for jobs or are already in the workplace. While there is a considerable amount of general information available about the ADA, the EEOC often is asked questions about how the ADA applies to these conditions.”

In plain, easy-to-understand language, the revised documents reflect the changes to the definition of disability made by the ADA Amendments Act (ADAAA) that make it easier to conclude that individuals with a wide range of impairments, including cancer, diabetes, epilepsy, and intellectual disabilities, are protected by the ADA. Each of the documents also answers questions about topics such as: when an employer may obtain medical information from applicants and employees; what types of reasonable accommodations individuals with these particular disabilities might need; how an employer should handle safety concerns; and what an employer should do to prevent and correct disability-based harassment.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/5-15-13.cfm

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by | May 17, 2013 · 5:46 am

Hospitality Industry Legal Risks: Texas Restaurant Sued For “Negligence” After Patron Drinks Beer Containing “Lye-Like Cleaning Agent”; Seeks $100,000 For Medical Costs And Damages

“…the restaurant had used the lye-like cleaning agent to disinfect the Budweiser keg that morning but had failed to properly rinse the container Hospitality Industry Injury Lawsuitsbefore refilling it with the beer (the plaintiff) would later drink…he is seeking between $50,000 and $100,000 from Red Lobster and the company that cleaned the Dallas location’s beer tap system to cover medical expenses and compensate for his physical pain…”

Though it’s an isolated incident, a man from Panama City, Fla., claims he was on the receiving end of Red Lobster’s worst nightmare when he was scorched with potassium hydroxide — lye — from a Budweiser he drank during a business lunch in Dallas earlier this month. According to The Dallas Observer, Justin Grogg took a sip of his beer and immediately felt his throat, esophagus and stomach starting to burn.

According to Grogg’s lawsuit, he got the attention of the restaurant’s manager, who told him to “drink water and go to the hospital.” The complaint alleges the manager knew that the beer tap system had been cleaned that morning with potassium hydroxide, which is caustic and can cause severe bodily harm if swallowed.

Doctors treated Grogg quickly, but he still experienced “severe pain” and was told he could develop “esophageal strictures, esophageal reflux changes, and/or pharyngeal infection in the future as a result of the ingestion of the potassium hydroxide.”

For more:  http://money.msn.com/now/post.aspx?post=1eb6230e-9215-4124-bd5f-5c9eb5ff49ce

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by | May 16, 2013 · 5:50 am

Hospitality Industry Security Risks: Thirty Arizona Hotels Burglarized By “Electronic Door Hackers” Using Portable Programming Devices; TV’s, Laptops And Credit Cards Stolen

“…Surveillance video showed the suspects, both white males in their 20s, entering the hotel and then leaving with the victim’s suitcases… some Onity Electronic Lock30 local hotels — probably more — have been targeted by hotel hackers. Investigators believe there are more suspects than those caught on surveillance video…hotel hacking is not just a local problem. Because the technology used to open the electronic locks is so easy to obtain and use, hotel hacking is growing issue nationwide…”

A man and a woman have been burglarizing hotel and motel rooms in the Easy Valley and now Silent Witness is offering a reward for information about them. According to Silent Witness, the pair, dubbed “Hotel Hackers,” used portable programming devices to get into the rooms at various locations in Mesa, Tempe, Scottsdale and possibly Avondale. It’s not clear how many locations the pair has hit, but Silent Witness said the crime spree started on Feb. 25.

The suspects have stolen TVs, bedding, laptop computers and guests’ personal belongings, including credit cards.

Silent Witness released surveillance video (above) and photos of the pair, both of which were taken at a Walmart store where the suspects used a stolen credit card.

For more: http://www.azfamily.com/news/Hotel-Hackers-behind-burglaries-at-hotels-motels-in-East-Valley-207552391.html

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by | May 15, 2013 · 5:44 am

Hospitality Industry Technology Solutions: Hotel And Restaurant “Integrated Ordering Systems” Feature Online Tablets Located On Tables; Increase In Productivity, Inventory Control And Customer Satisfaction

“…By eliminating the traditional step of taking down orders with pen and paper, the hotel has been able to cut down manpower needs Hotel Restaurant Online Tablet Ordering Systemby one staff member per shift (reducing walking time)…”

  • The new system also removes the extra time taken to check the availability of certain items with the kitchen
  • Customer satisfaction has climbed by five percentage points since the system was implemented
  • The new format of ordering allowed us to provide personalized service to patrons who needed it more
  • Sales of food at the atrium lounge have gone up since the automated ordering system was implemented
  • The system also allows guests to give instant feedback about the service, with comments popping up on the employees’ phones.

An initiative that was implemented last November involved linking the hotel’s atrium lounge to a full integrated ordering system. Unlike other restaurants and cafes, where tablet computers are used as electronic menus or ordering devices, the hotel goes one step further. Information is keyed in by patrons and sent via the tablets to mobile phones which are carried by all service staff.

“Guests can self-order and customise their meals by looking through the menu and browsing through the pictures,” said Mr Wehinger. “With the tablet, they can press a ‘call for service’ button, type out dietary restrictions, give feedback and view the inventory level of items which are selling fast or out of stock.

“Instead of waving their hands in the air to get the attention of a waiter, a pop-up with the corresponding table number will appear on the mobile phones issued to our staff. They will then attend to the guests’ needs.”

The atrium lounge, which is manned by about seven employees during the evening peak period, takes up much of the hotel’s fourth floor and spans an area about as large as two basketball courts, so cutting down walking time is a key improvement.

For more:  http://www.asiaone.com/News/Latest%2BNews/Relax/Story/A1Story20130515-422603.html

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by | May 14, 2013 · 6:21 am

Hospitality Industry Health Risks: “Non-Smoking Rooms” In Hotels With Partial Smoking Bans “Are As Polluted With Third Hand Smoke” As Smoking Rooms, New Research Demonstrates

“…Air nicotine levels in smoking rooms were significantly higher than in non-smoking rooms; (but) they were also 40% higher in smoke free hotelsnon-smoking rooms of hotels operating partial smoking bans than in those operating total bans…findings demonstrate that some non-smoking guest rooms in smoking hotels are as polluted with [third hand smoke] as are some smoking rooms…”

Non-smoking rooms in hotels operating a partial smoking ban don’t protect their occupants from tobacco smoke, reveals new research published online in Tobacco Control. The researchers analyzed the surfaces and air quality of rooms for evidence of tobacco smoke pollution (nicotine and 3EP), known as third hand smoke, in a random sample of budget to mid-range hotels in San Diego, California.

Ten hotels in the sample operated complete bans and 30 operated partial smoking bans, providing designated non-smoking rooms.

Non-smokers who spent the night at any of the hotels, provided urine and finger wipe samples to assess their exposure to nicotine and a cancer causing agent found specifically in tobacco smoke—known as NNK—as measured by their metabolites cotinine and NNAL.

The findings showed that smoking in hotels left a legacy of tobacco pollution in both smoking and non-smoking rooms. A partial smoking ban did not protect the occupants of non-smoking rooms from exposure to tobacco pollution.

For more:  http://blogs.bmj.com/tc/2013/05/14/new-study-partial-smoking-bans-in-hotels-fail-to-protect-guests-from-tobacco-smoke/?q=w_tc_blog_sidetab

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by | May 13, 2013 · 6:31 am

Hospitality Industry Legal Risks: Pennsylvania Restaurant Settles “Excessive Alcohol Lawsuit” For $8.9 Million; Staff To Complete “Responsible Alcohol Management Training” And Establish “Designated Driver Program”

“…(the drunk driver) consumed at least six liters of beer and several  shots of liquor over a period of about 41/2 hours…(he) vomited on a table and was  escorted out of the bar by security. He was allowed to leave, walked to his car  and crashed a short time later…his Hospitality Industry Excessive Alcohol Lawsuitsblood-alcohol level an hour after the crash was 0.219, more than twice  the legal limit…”

  • The restaurant’s staff, including managers, servers, bartenders and security, to be certified  in Responsible Alcohol Management training through an approved Pennsylvania  Liquor Control Board trainer.
  • Responsibility for identifying intoxicated guests will be included in job  descriptions for security personnel. In addition, the restaurant will establish  guidelines for responsible alcohol service and disseminate those to  employees.
  • It will use a new point-of-sales system to provide individual checks so they  know how much alcohol each customer is getting.
  • It also will provide water to  guests to slow alcohol consumption; will establish a designated driver program  providing complimentary non-alcohol beverages and will provide free light food  for guests who appear to be intoxicated.

The family of a 7-year-old girl who was killed by a drunken driver in 2010  after he left the Hofbrauhaus restaurant on the South Side on Tuesday reached a  $15.6 million settlement with the company. In addition to the financial payout, the German-style facility has agreed to  a number of changes in its protocol to try to reduce customer intoxication and  drunken driving.

Lexa Cleland, who was asleep in the back seat as her mother drove to pick up  her husband, Mark, from work the night of Dec. 4, 2010, was killed instantly  when her mother’s Toyota Camry was struck by a Ford Mustang driven by Travis  Isiminger on East Carson Street on the South Side.

The settlement breakdown pays $8.9 million to Nicole Cleland; $500,000 to  Mark Cleland; $2.1 million to the estate of Lexa Cleland; and just over $4  million to their attorneys, Goodrich & Associates, for costs and fees.

The lawsuit was filed against Hofbrauhaus and Isiminger, whose insurance will  be responsible for paying $100,000 of the settlement.

Read more: http://www.post-gazette.com/stories/local/neighborhoods-city/owners-of-south-sides-hofbrauhaus-settle-in-girls-death-for-156-million-686644/#ixzz2TBFxrkyx

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by | May 12, 2013 · 6:52 am

Hospitality Industry Legal Risks: Florida Restaurant Settles Justice Department “Disabilities Lawsuit” For $60,000; “Family Was Told To Leave Over Their Children’s Skin Condition”

Hospitality Industry ADA Lawsuits“…according to the lawsuit, Danielle Duford and her children were asked to leave the restaurant after other customers noticed the skin condition of her infant daughter. Three of Duford’s four children have epidermolysis bullosa…”

A restaurant will pay $60,000 after telling a family to leave over their children’s skin condition. As reported by the Associated Press (AP), the U.S. Justice Department announced the settlement Wednesday.

The department filed a lawsuit against the Golden Corral in Westland in February claiming that ejecting the family had been a violation of the Americans with Disabilities Act.

Justice Department civil rights lawyer Eve Hill is quoted by the AP as stating of the settlement, “No one should be excluded from participating in the basic activities of daily living on account of fears of their disability, nor should children be shamed from going out in public… We are confident today’s settlement sends that message.”

For more:  http://www.newyorkinjurynews.com/2013/05/11/Restaurant-to-pay-family-after-ejecting-them-for-kids-skin-condition_201305119426.html

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