[vimeo http://www.vimeo.com/52513786 w=630&h=354]
Petra Risk Solutions’ Director of Risk Management, Todd Seiders, offers a P3 Hospitality Risk Report – ‘Innkeeper’s Limit of Liability’.Â
  
P3 ( Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America ’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.
 For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.
Comments Off on P3 Hospitality Industry Risk Report: “Innkeeper’s Limit Of Liability” By Petra Risk Solutions’ Director Of Risk Management Todd Seiders (Video)
Filed under Guest Issues, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training
“…(the plaintiff) allegedly made her way to the bathroom and “literally stumbled upon a hidden trap in the form of an unexpected change in 
elevation between the bathroom and the bedroom, causing her to stumble and suffer severe injuries to her left leg, including a fracture The defendant is accused of failing to warn, failing to fix the change of elevation, failing to properly design the floor, failing to act as a reasonable or prudent person would under the same or similar circumstances and being otherwise negligent…(the lawsuit) seeks an unspecified amount of damages for severe and permanent injuries to her body and mind, multiple surgeries fracture necessitated, the implementation of hardware and many doctors and physical therapy visits…”
A woman who broke her leg after allegedly tripping and falling on an elevated transom is suing a local hotel where the incident occurred. Rebecca Bofinger, husband and William, filed suit against Hotel Provincial LLC, Provincial Motels Inc. and Zurich American Insurance Company in the Orleans Parish Civil District Court on August 8.
The suit states that on Aug. 9, 2012, the plaintiffs, both Baton Rouge residents, traveled to New Orleans, where they stayed at the Hotel Provincial.
Additionally, as a consequence of the accident, plaintiff William Bofinger has suffered a loss of his wife’s services, including but not limited to loss of society, loss of services, loss of consortium, and loss of love and affection.
Comments Off on Hospitality Industry Legal Risks: Louisiana Hotel Sued For “Negligence” By Woman Who Tripped On “Elevated Transom” In Bathroom; Seeks Damages For Surgeries For Fractures To Leg, Physical Therapy, Loss Of Consortium
Filed under Guest Issues, Injuries, Liability, Management And Ownership
“…The enforcement guidance issued by the EEOC interprets broadly which employees should be considered “supervisors†under Title VII. 
According to the guidance, any individual with the ability to exercise significant direction over another’s daily work is a supervisor, and the employer would be liable for their acts…The U.S. Supreme Court rejected the EEOC’s stance with the 2013 case of Vance v. Ball State University. If the employer is unaware of a co-worker’s harassment, the Supreme Court decided that employers should only be vicariously liable under Title VII for a co-employee’s harassing behavior if the employer granted them the power to take “tangible employment actions,†such as hiring, firing, failing to promote, significant reassignment, or decisions causing significant changes in the employee’s benefits…”
Employers are not automatically liable for harassment committed by all employees. If the employer is aware of harassment occurring and does not take steps to address and stop it, then the employer has some exposure. If the employer is not aware of the harassment, the employer may be liable if the harasser is considered under the law to be a “supervisor.â€
Some harassment lawsuits turn on whether the person who was doing the harassing should be treated as a supervisor. A recent Tenth Circuit Court of Appeals decision (which applies to Oklahoma employers), sets some guidelines for what employees are considered supervisors, for purposes of imposing potential harassment liability on employers.
Priess Enterprises operated a McDonald’s restaurant in Cheyenne, Wyoming. Megan McCafferty began working as a crew member on February 15, 2007. Her shift leader was Jacob Peterson. Peterson participated in the restaurant’s “Manager-in-Training†program. He was also responsible for directing day-to-day activities of shift workers like McCafferty. His responsibilities included assigning duties, scheduling breaks, authorizing crew members to leave early or stay late, and writing up employees for misconduct. Everyone agreed that Peterson did not have the authority to hire, fire, promote, demote or transfer other employees.
McCafferty, a high school student, agreed to cover another employee’s shift, but explained to Peterson she would need a ride from school. As promised, Peterson picked up McCafferty from school and checked her out of class early. Peterson told McCafferty that she had been excused from her shift, and asked her if she wanted to “hang out.â€
When she accepted his invitation, Peterson offered McCafferty marijuana. Peterson and McCafferty spent the next two days together, which involved alcohol, methamphetamines and sex. Eventually, McCafferty’s sister spotted her, pulled McCafferty from Peterson’s car, and called the police. When McCafferty did not contact anyone at McDonald’s, the restaurant treated McCafferty as having resigned.
McCafferty filed a charge of discrimination with the Equal Employment Opportunity Commission, and later filed a lawsuit against the restaurant and Peterson. McCafferty claimed Peterson was a supervisor under Title VII, and that she had been sexually harassed. McCafferty also included a state law claim, accusing the restaurant of being negligent in hiring, supervising and retaining Peterson.
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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management, Training
“…There will be a brand new, state-of-the-art fire alarm system installed by the end of the year and will 
cost $99,950…the lack of self-closing devices installed in the doors may lead to a potential fire to jump to the other building, the audit noted…One of the problems that State Fire Marshal Chris Connealy reported was that there was a large quantity of combustible items stored in the unfinished basement area of the hotel (which) may overwhelm a fire sprinkler system if a fire occurs placing occupant safety and structural stability at risk…â€
The Sam Houston State University Hotel has fixed several fire hazards and are in the process of tending to the rest after they were discovered in a State Fire Marshal audit in February, according to Steve Shields, Director of Environmental Health, Safety, and Risk Management.
The University Hotel had nine fire safety problems that needed to be addressed, according to physical plant. Five of them have been fixed and the last two have been scheduled and funded. One problem that has yet to be fixed is the fire alarm system. According to the report, the fire alarm system in the hotel is inadequate and does not have the required detection devices and alarm placement.
The current alarm can’t be heard in all of the rooms, and there is no visual notification devices for the hearing impaired in the public areas. Also, the sprinkler system will not activate the building fire alarm upon activation.
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Filed under Fire, Guest Issues, Liability, Maintenance, Management And Ownership, Risk Management
[vimeo http://www.vimeo.com/52041658 w=500&h=281]
Petra Risk Solutions’ Director of Risk Management, Todd Seiders, offers a P3 Hospitality Risk Report – ‘Sales/Group Contracts’.Â
P3 ( Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America ’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.
For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.
Comments Off on P3 Hospitality Industry Risk Report: “Sales/Group Contracts” By Todd Seiders, Director Of Risk Management For Petra Risk Solutions (Video)
Filed under Claims, Insurance, Management And Ownership, Risk Management, Training
[vimeo http://www.vimeo.com/52470586 w=500&h=281]
Petra Risk Solutions’ Director of Risk Management, Todd Seiders , offers a P3 Hospitality Risk Report – ‘Knox Boxes’.Â
P3 ( Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America ’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.
 For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.
Filed under Crime, Guest Issues, Injuries, Insurance, Liability, Management And Ownership, Risk Management
Comments Off on Hospitality Industry Technology Trends: More Restaurants Are Installing “Electronic Payment Systems” As Many Consumers Prefer Self-Service Terminals, Use Smartphone Apps, And Visit Websites For Information
October 14, 2013 · 9:46 am“…The IRS has signaled its intent to scrutinize auto-gratuity patterns to determine whether they are tips, or if there has been more coercion so it 
becomes more of a service charge…rather than receiving automatic gratuities at the end of the night, under the new IRS rule, those payments would be tacked onto paychecks as wages…Darden Restaurants – which operates Red Lobster, Olive Garden, Longhorn Steakhouse Seasons 52, The Capital Grille and other chains – is testing a concept that eliminates 18 percent automatic gratuities for parties of eight or more, and instead leaves tip percentage calculations at the end of a bill…”
Even with automatic tipping, customers have always faced a decision over how much to leave a server. Now, thanks to an IRS ruling, restaurants are being thrown into the debate – and are faced with a decision of their own: Should tipping for large parties be left to the customer or should the restaurant tack it on to the bill?
The IRS ruling, which takes effect in January, will treat automatic gratuities as service charges, rather than tips. The switch means servers will no longer be responsible for reporting those automatic tips as income. And it also means automatic gratuities will be considered a part of a server’s wages, making that money subject to payroll tax withholding and delaying receipt until the next paycheck.
Understandably, many servers aren’t happy about the tax policy, but neither are restaurant owners. The change will create additional accounting and bookkeeping work, because automatic gratuities will have to be factored into hourly pay rates that could vary depending on the number of large parties served by the employee.
The IRS policy change also could mean the loss of an income tax credit, which restaurants receive for paying Medicare and Social Security taxes on employees’
reported tips. Service charges are not eligible for the credit.
For more:Â http://www.news10.net/news/national/260375/5/Tip-ruling-could-prove-taxing-to-servers-restaurants
Comments Off on Hospitality Industry Legal Risks: IRS Rules That “Automatic Gratuities” Are Now “Service Charges”; Restaurants Must Add To Paychecks As Wages
Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management
[vimeo http://www.vimeo.com/52051376 w=500&h=281]
Petra Risk Solutions’ Risk Manager, Joe Fisco, offers a P3 Hospitality Risk Report – ‘Hotel Cold Weather Checklist’.Â
P3 ( Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America ’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.
 For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.
Comments Off on P3 Hospitality Industry Risk Report: “Hotel Cold Weather Checklist” Presented By Risk Manager Joe Fisco Of Petra Risk Solutions (Video)
Filed under Insurance, Liability, Maintenance, Management And Ownership, Risk Management, Training
“…(the plaintiff) was walking from the restaurant to the front lobby when she tripped on a bunched and wrinkled carpet, catching her toe on it and landing on her elbow…(she) had five surgeries, and when the elbow would not heal right, underwent a total elbow replacement…her medical bills totaled $240,000, which will be repaid with proceeds from the settlement, he said…as early as 2009, Holiday Inn, which was threatnening to pull the hotel’s license because of various maintenance issues, had inspected the hotel and reported that the carpet in the restaurant was loose…(attorneys) discovered that members of the hotel staff had tripped on the rug and complained to the management…”
The owners of the former Holiday Inn on North Frontage Road agreed this week to pay $1 million to a 77-year-old St. Louis woman who fractured her elbow after tripping over a loose carpet and falling as she exited the hotel’s restaurant. Heritage New London LLC, the corporation that owns the property and managed the hotel agreed to the settlement after five days of jury selection in New London Superior Court.
Norma Minke was part of a visiting tour group that stayed at the hotel on October 3, 2010, according to her attorney, Joseph M. Barnes of the Reardon Law Firm.
During the discovery process, Barnes said he deposed the corporation owner, Sunil Nayak of Princeton, NJ. Barnes said he learned that as early as 2009, Holiday Inn, which was threatnening to pull the hotel’s license because of various maintenance issues, had inspected the hotel and reported that the carpet in the restaurant was loose. The report specifically identified the location of the incident, Barnes said. He also discovered that members of the hotel staff had tripped on the rug and complained to the management.
For more:Â http://www.theday.com/article/20131010/NWS02/131019970/1047
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Filed under Guest Issues, Injuries, Liability, Maintenance, Management And Ownership
