Category Archives: Claims

by | April 25, 2014 · 8:21 am

Hospitality Industry Legal Update: “Woman Suing Syracuse Hotel for $1 million After Falling Off Bar Stool, Injuring Wrist”

“…The lawsuit alleges that the bar stool was too high off the ground, built to ‘coordinate with the height of the bar top.’ Image The hotel management knew of other problems with the height of the stools, the lawsuit claims…”

An Ohio woman is suing Syracuse’s Crowne Plaza Hotel after falling off a bar stool in the public lounge.

Antoinette Allison, of Reynoldsburg, Ohio, is seeking up to $1 million for her injuries after falling off the “defective” bar stool on April 14, 2011, according to her lawsuit.

The wooden, high-back bar stool landed on her wrist after the fall, which caused multiple fractures, her lawsuit claims. The injury required surgery.

For more: http://bit.ly/QFlDFo

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Filed under Claims, Guest Issues, Hotel Industry, Injuries, Management And Ownership, Risk Management

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by | April 18, 2014 · 9:10 am

Hospitality Industry Legal Update: “Lawsuits to Recover Unpaid Wages and Damages For 89 Workers at Five Hotels Filed by US Labor Department”

“…Investigators from the division’s Columbus District Office found violations of the FLSA’s minimum wage, overtime and record keeping provisions for 61 workers jointly employed by Darpan Management and Fantastic Cleaning. Fantastic Cleaning, which provided housekeepers, attendants and laundry DOL staff for the hotels owned and operated by Darpan Management, misclassified the housekeepers, who were employees, as independent contractors. These employees were paid by the room and frequently did not earn enough to make the federal minimum wage…”

The U.S. Department of Labor has filed two lawsuits in the federal district court in Columbus against Darpan Management Inc.; five hotels the company owns and manages; and its owners, Darshan Shah, Vibhakar Shah and Prakash Patel.

One of the lawsuits addresses violations of the Fair Labor Standards Act’s minimum wage and overtime provisions for the hotel staff directly working for Darpan Management, and the other addresses similar violations for workers jointly employed by Fantastic Cleaning Ltd., a company that provided hotel staff to Darpan Management. The two lawsuits seek back wages and an equal amount in liquidated damages for 89 workers.

For more: http://www.norwalkreflector.com/article/4378786

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Filed under Claims, Employment Practices Liability, Hotel Employees, Hotel Industry, Labor Issues, Management And Ownership

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by | April 17, 2014 · 9:01 am

Hospitality Industry Legal Update: “Recent Hotel Incidents Serve as Cautionary Tales of Carbon Monoxide Health and Legal Risks”

“…Should a hotel have to contend with the unthinkable, a catastrophic incident, such as carbon monoxide poisoning, it is advisable to immediately conduct a detailed and thorough investigation. Preferably, counsel should be retained at the outset to shepherd the investigation, retain appropriate experts Image and serve as a liaison between the hotel and the investigating authorities. The benefit of counsel conducting the investigation is that everything learned during the course of the investigation falls under attorney client privilege in the likely event that a lawsuit is initiated…”

Recently media exposure regarding the dangers of carbon monoxide poisoning in hotels, motels, and resorts has seemed to increase. The issue has garnered attention among such major media outlets as ABC News’ 20/20, USA Today, and CNN. With good reason – a 2013 USA Today Investigation showed that, “eight people have died and at least 170 others have been treated for carbon monoxide poisoning in the past three years in hotels.” A concerning statistic given that according to the United States Consumer Product Safety Comission, approximately 170 people die each year from carbon monoxide produced by non-automotive consumer products overall.

Carbon monoxide, also known as CO, is a colorless, odorless, gas with toxic consequences for people and animals. Carbon monoxide poisoning is a risk that hotel, motel, and resort operators must take seriously, most importantly to ensure the safety and well-being of guests. But also because of the potential legal exposure carbon monoxide poisoning poses, both to business entities and individual owners, should the unthinkable happen in their hotel.

For more: http://hlconverge.com/index.php/component/k2/item/815-recent-hotel-incidents-serve-as-cautionary-tales-of-carbon-monoxide-health-and-legal-risks

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by | April 9, 2014 · 8:37 am

Hospitality Industry Legal Risk: “Caring For Dying Wife Cost Chef at Tony Hotel His Job, Lawsuit Alleges”

“…Esselborn maintains he was entitled to take the time off to care for his ailing wife. The federal Family and Medical Leave Act allows workers to take up to 12 weeks of unpaid leave to care for immediate family members with a serious health conditionImage….A message left Tuesday for the hotel’s general manager was not immediately returned. The suit, filed in Manhattan state Supreme Court, seeks unspecified monetary damages…”

STATEN ISLAND, N.Y. — Annadale resident Robert Esselborn and his family endured a staggering blow on Christmas Eve when his wife, Barbara, a popular school teacher, died nine days after suddenly taking ill. She was just 38.

The day before, Esselborn had been jolted on another front.

He was fired by reality-show-winning chef Anthony Paris from his night cook job at Manhattan’s chic Crosby Street Hotel for taking time off to care for his dying spouse, Esselborn alleges in a lawsuit.

For more: http://www.silive.com/southshore/index.ssf/2014/04/caring_for_dying_wife_cost_che.html

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Filed under Claims, Employee Benefits, Hotel Industry, Hotel Restaurant, Management And Ownership

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by | April 8, 2014 · 8:08 am

Hospitality Industry Risk Management Update: “5 Factors to Consider When Courting Spring Breakers”

“…Local ordinances and zoning laws could affect your business. ‘There comes a point when residents, business owners, and politicians no longer want those students there, and theyImage will start passing laws like in Daytona Beach or Fort Lauderdale to curb or even eliminate behavior,’ Laurie says. ‘Students will then go to a place where those rules don’t exist.’…”

From March through mid April, hundreds of thousands of college students flock to warmer climates for a weeklong escape from the winter doldrums and pressures of academic life. And while this time of year can bring a spike in hotel occupancy to popular vacation destinations across the country, the traditional spring break party does come with its fair share of challenges and risks for owners. John Laurie, director of the destination marketing and tourism practice at Bond Public Relations and Brand Strategy in New Orleans, shares five factors to consider when determining whether to court the next generation of spring breakers.

For more: http://www.lodgingmagazine.com/5-factors-to-consider-when-courting-spring-breakers/

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Filed under Claims, Crime, Guest Issues, Hotel Industry, Maintenance, Management And Ownership, Risk Management

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by | April 7, 2014 · 8:20 am

Hospitality Industry Safety Update: “Rancho Mirage Hotel Evacuated Due to Gas Line Rupture”

“…Someone in the area reported the smell of natural gas and the building’s 24 units were evacuated and police, fire and the Gas Co. were all called, she said. Image The damage was done to an approximately 1-inch line, she said. The gas was shut off and once the area was deemed safe, the nearly 65 people evacuated to another area of the 360-acre resort were allowed back into their units…”

RANCHO MIRAGE – A natural gas line has been repaired and an evacuation order lifted at Westin Hills Golf Resort and Spa hotel at 71-333 Dinah Shore Drive.

Something hit the meter at time share building number 45 which broke the line, said Deborah McGarry, spokeswoman for Southern California Gas Co.

For more: http://www.desertsun.com/story/news/local/2014/04/06/westin-hills-golf-resort-spa-rancho-mirage-gas-line-rupture/7389275/

 

 

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by | March 26, 2014 · 8:19 am

Hospitality Industry News Update: “Deadly Hotel Fire Raising Safety Concerns in New Jersey”

“…One woman, who stayed at Mariners Cove days before the fire, says the motel had battery-operated smoke detectors, but fire victims say they never went off.  ‘That’s the thing, they were battery-powered fire alarms. Once they get hot and they melt, they are not going to work,’ said Tammy Tilton…”

The deadly motel fire in Point Pleasant, New Jersey is raising safety concerns at other motels in the area.

Activity has died down at the scene, but the probe continues into Friday morning’s deadly fire at the Mariners Cove Motor Inn in Point Pleasant Beach.

The blaze killed four people, including 66-year-old Albert Sutton, formerly of Mount Laurel.

Based on surveillance footage pulled from the rubble and restored by computer experts at the Ocean County prosecutor’s office, detectives have determined the cause of the fire was careless smoking.

For more: http://abclocal.go.com/wpvi/story?section=news/local&id=9479643

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Filed under Claims, Fire, Hotel Industry, Injuries, Maintenance, Management And Ownership, Risk Management, Technology

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by | March 25, 2014 · 8:35 am

Hospitality Industry Legal Update: “Bed Bug Lawsuits: Reducing Your Clients’ Risk”

“…Your clients, of course, are responsible for their own actions, or lack of action, when dealing with bed bugs. But there are actions you can take to help your clients avoid these kinds of deviations, minimize their risk of lawsuits, and reduce their liability if a lawsuit is ultimately filed. Of course, by doing so, you also reduce your own liability and risk from any bed bug litigation. But you must be proactive…”

Until they experience a bed bug crisis first hand, property managers usually can’t comprehend the full impact on their property. Most fail to appreciate just how difficult it is to control bed bugs once they have spread and become established.

That’s why property managers often address bed bug complaints with the same casual approach as complaints about cockroaches or ants. They typically do not respond aggressively, at the first sign of trouble, and before the bed bugs become entrenched and spread to other areas of the building. And property managers often resist investing the time, money and effort necessary to control a bed bug outbreak. That puts both of you at risk of a lawsuit.

For more: http://www.pctonline.com/pct0314-bed-bug-lawsuits.aspx

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by | March 20, 2014 · 8:32 am

Hospitality Industry Liability Update: “Palm Springs Hotel Guest Died of Carbon Monoxide Poisoning, Coroner Says”

“…’There was a dangerous condition that posed an immediate and grave risk to the health of any customer,’ Kaufman said. Image‘It’s remarkable to me that a condition this dangerous could be allowed to persist for not days, but almost two weeks, and take the life of a successful, caring and wonderful man.’…”

An Ohio attorney whose body was found in a Palm Springs hotel room in November died of carbon monoxide poisoning, the Riverside County coroner’s office said Wednesday.

The Palm Springs Police Department has been investigating the death and will present its findings to the Riverside County district attorney’s office for possible criminal charges, said Palm Springs Police Lt. Mitch Spike.

For more: http://www.latimes.com/business/money/la-fi-mo-palm-springs-hotel-guest-died-from-carbon-monoxide-poisoning-coroner-says-20140319,0,5611674.story#axzz2wW6yGmmP

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by | March 18, 2014 · 8:39 am

Hospitality Industry Risk Management Update: “Stamford Hotel Worker Arrested for Sexually Assaulting Guest”

“…Police say that Oyola-Bandara knocked on the woman’s door at the Super 8 motel at 32 Grenhart Road at about 3:30 a.m. and told the woman, who has been a resident of the motel for some time, that he is there to fix something. ImageThe woman recognized the man as a hotel worker and let him in. Oyola-Bandara then pulled out a bottle of liquor and put two glasses on the table and began pouring the liquor into the glasses…”

A West Side hotel maintenance worker who talked his way into a 60-year-old woman’s room early Saturday morning and tried to force himself on her was arrested after police found the man asleep in the woman’s hotel room.

Carlos Oyola-Bandera, 35, of 501 West Main St., Stamford, was charged with attempted rape, unlawful restraint, criminal trespass, fourth-degree sexual assault and breach of peace. He was held over the weekend by police in lieu of a $50,000 court appearance bond and is being arraigned at the Stamford courthouse Monday.

For more: http://blog.ctnews.com/stamford411/2014/03/17/stamford-hotel-worker-arrested-for-sexually-assaulting-guest/

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Filed under Claims, Crime, Guest Issues, Hotel Industry, Liability, Management And Ownership, Privacy, Risk Management

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