Category Archives: Claims

by | March 13, 2014 · 8:43 am

Hospitality Industry Risk Management Update: “NWC Student Dies in Fall at Denver Hotel”

“…Thamba’s death remains under investigation, according to Sonny Jackson, a spokesman for the Denver Police Department, but foul play is not suspectedImage….Thamba fell from a balcony at the Holiday Inn Denver East at 3333 Quebec St. between 3-4 a.m. Tuesday, Jackson said. How far he fell, and what caused the fall, have not been determined, Jackson said…”

An international student attending Northwest College died early Tuesday morning when he fell off a balcony at a Denver hotel.

Levy Thamba, of the Republic of Congo, Africa, began attending Northwest in late January. He apparently traveled to Denver during the college’s spring break.

For more: http://www.powelltribune.com/news/item/12164-nwc-student-dies-in-fall-at-denver-hotel

Comments Off on Hospitality Industry Risk Management Update: “NWC Student Dies in Fall at Denver Hotel”

Filed under Claims, Guest Issues, Health, Hotel Industry, Injuries, Insurance, Liability, Maintenance, Management And Ownership, Risk Management

Tagged as , , , , , , , , , , , ,

by | February 12, 2014 · 8:30 am

Hospitality Industry Guest Safety Update: “Placing Guests at the Heart of Safety”

“…Risk, along with return, is perhaps the most important part of any business calculation. Risk has to be managed correctly and one way of doing this is to have a risk strategy. A risk strategy helps everyone understand the importance of risk awareness.  It is useful because it sets down in black and white the kind of things you will and won’t do. It’s always difficult to look away when there is an opportunity to make more money and in the heat of the moment one can throw caution to the wind…”

When one purchases a high-priced item, it is natural and reasonable to expect a high-quality of performance. For most people, cars and holidays count as the two highest priced items of regular expenditure. People save money to take their annual holiday and also put aside money to be able to purchase a newer car.
During the past two to three decades, the automobile industry has made vast strides towards improving the quality of their products to the extent that faults on new cars are now a rarity. Yes, occasionally, manufactures ‘recall’ certain models owing to production defects, but the percentage of recalled cars is a tiny fraction to that of the thousands of cars that are globally sold daily.

For more: http://www.dailymirror.lk/business/features/43010-placing-guests-at-the-heart-of-safety.html

Comments Off on Hospitality Industry Guest Safety Update: “Placing Guests at the Heart of Safety”

Filed under Claims, Guest Issues, Insurance, Liability, Maintenance, Management And Ownership, Risk Management

Tagged as , , , , ,

by | February 4, 2014 · 9:00 am

Hospitality Industry Liability Risk: “Legally Speaking: Avoiding Bath Fall Liability”

“…But knowing that shower areas present risks is not a trade secret shared only among guests. Hoteliers are also in the know. That fact imposes on inns a duty to take reasonable steps to prevent foreseeable bathroom mishaps. bathThose steps include installation and ongoing maintenance of any of the following: non-skid strips on the tub or shower floor, a bathmat, handrails along the walls of the tub for gripping and/or like devices designed to reduce the dangers. Failure to provide, and keep in good form, these simple apparatus deprives the guest of protection against falling, and in many states opens the door, to a founded lawsuit…”

Some issues in hotel law come and go. Falls in slippery bathtubs have a sticking quality. Liability in this type of lawsuit can be avoided but it takes some attention to those porcelain bastions of cleanliness.

In the typical case a guest is showering, loses his balance and falls. Because floors and walls surrounding showers are customarily rock-hard, injuries are likely to occur and be substantial.

So, who’s at fault? The answer is: it depends. Yes, guests should know that tubs and shower stalls are, by their very nature, slippery and potentially dangerous. And, yes, guests should therefore use caution to protect themselves from injury.

For more: http://hlconverge.com/index.php/component/k2/item/781-legally-speaking-avoiding-bath-fall-liability

Comments Off on Hospitality Industry Liability Risk: “Legally Speaking: Avoiding Bath Fall Liability”

Filed under Claims, Guest Issues, Injuries, Insurance, Liability, Maintenance, Management And Ownership, Risk Management

Tagged as , , , , , , ,

by | January 24, 2014 · 9:27 am

Hospitality Industry Property Risks: “Slaying the Silent Killer, Carbon Monoxide”

“…Fireplaces, boilers, water heaters, pool-heating equipment, gas-powered tools, barbecues and cooking equipment are the most common types of fossil-fuel-burning equipment found in hotels,” said Todd Seiders, director of risk management at Petra Risk Solutions….” 20140123_carbonmonoxide_feature

“…Carbon monoxide is a gas, so it’s going to penetrate solids and seep into any open spaces just like cigarette smoke does,” said Stephen Barth, professor of hotel law at the University of Houston and the founder of HospitalityLawyer.com. “The problem is it’s deadly because you can’t see it, taste it or smell it. They call it the silent killer….”

REPORT FROM THE U.S.—Three deaths linked to a faulty pipe that allegedly exposed guests to a lethal dose of carbon monoxide at a Best Western in Boone, North Carolina, have hoteliers stressing the importance of carbon-monoxide safety.

With rare exceptions, hotels all have sources of carbon monoxide, sources said, and without proper installation, maintenance and inspection, hotel owners and managers could be putting their guests at risk.

Comments Off on Hospitality Industry Property Risks: “Slaying the Silent Killer, Carbon Monoxide”

Filed under Claims, Guest Issues, Health, Liability, Maintenance, Pool And Spa, Training

Tagged as , , , , , , ,

Video

Hospitality Industry Legal Risk: “Parents File Lawsuit on Behalf of Teenage Girl Critically Injured in Panama City Parasailing Accident”

“…This lack of oversight means no one is keeping tabs on parasailing operators to make sure ropes that are damaged by sun and saltwater are replaced,” said Chalik who has spent years pushing for reform. “Parasailing should be a fun and safe activity, but parasailing companies that cut corners or disregard the safety of their customers can turn the popular beachside pastime into a dangerous and even deadly trip…”

PANAMA CITY, FL and ROANOKE, IN–(Marketwired – January 23, 2014) - The family of an Indiana teenage girl critically injured in a horrific parasailing accident last summer in Panama City, Fla. has filed a negligence lawsuit against the parasailing company, its owner and the hotel that operated the excursions.

On July 1, 2013, 17-year-old Alexis Fairchild of Huntington, Ind., and her friend Sidney Good of Roanoke, Ind., went up in tandem when strong winds snapped their parasail free from its boat below. Witnesses watched in horror as the girls were flung across the shoreline, smashed into a nearby condo rooftop and were dragged into a power line, before plunging into cars parked below.

“Aquatic Adventures Management Group, which operated Why Knot Parasail, not only ignored the fact that weather conditions had deteriorated, but failed to operate the boat a safe distance from shore,” said attorney Deborah Chalik, partner at The Law Offices of Chalik and Chalik, who filed the suit on in Bay County, Fla. on behalf of Alexis’ parents Michael and Angelia Fairchild. Chalik and Chalik has successfully represented a number of cases regarding parasailing accidents.

For more: http://www.marketwired.com/press-release/parents-file-lawsuit-on-behalf-teenage-girl-critically-injured-panama-city-parasailing-1871901.htm

For the original article: http://www.nydailynews.com/news/national/florida-parasailing-victim-sidney-good-breaks-silence-article-1.1587594

Comments Off on Hospitality Industry Legal Risk: “Parents File Lawsuit on Behalf of Teenage Girl Critically Injured in Panama City Parasailing Accident”

by | January 23, 2014 · 8:41 am
by | October 16, 2013 · 8:25 am

P3 Hospitality Industry Risk Report: “Sales/Group Contracts” By Todd Seiders, Director Of Risk Management For Petra Risk Solutions (Video)

[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’. 

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

Tagged as , , , , , , ,

by | September 12, 2013 · 6:12 am

Hospitality Industry Health Risks: Arizona Restaurant Conducts “Full Re-Sanitizing” And “Enhanced Cleaning Protocols” With Consultant After E. Coli Outbreak Hospitalized 23 Customers

“…(the restaurant) said it disposed of all food and conducted “a full re-sanitizing of the restaurant” before reopening it. The company also noted Restaurant Food Safetythat it had worked with best-selling author and consultant Linda Cobb, known as the “Queen of Clean,” to “enhance its cleaning protocols”…of those who became ill in the exposure between July 18 and July 30, at least 23 were hospitalized, including two children who developed hemolytic uremic syndrome, a complication of E. coli infection that can cause kidney failure. The children required hospitalization, blood transfusions and dialysis..”

A Federico’s Mexican Food Restaurant in Litchfield Park, Ariz. that was linked to 79 cases of E. coli infection in July has reopened with new cleaning protocols in place and plans for a promotion to allay customers’ concerns about food safety.

On Aug. 1, the Maricopa County Department of Public Health informed Federico’s that it suspected some people had fallen ill from E. coli after eating at its Litchfield Park location. The company closed the restaurant for three days and reopened Aug. 5.

Owners of Federico’s, which has 20 units in the Phoenix, Ariz., area, said that the Maricopa County Department of Public Health has yet to determine the source of the E. coli O157:H7 infection.

For more:  http://nrn.com/food-safety/federico-s-restaurant-reopens-after-e-coli-outbreak

Comments Off on Hospitality Industry Health Risks: Arizona Restaurant Conducts “Full Re-Sanitizing” And “Enhanced Cleaning Protocols” With Consultant After E. Coli Outbreak Hospitalized 23 Customers

Filed under Claims, Food Illnesses, Guest Issues, Health, Liability, Management And Ownership, Risk Management, Training

Tagged as , , , , , , , ,

by | August 31, 2013 · 8:15 am

Hospitality Industry Insurance Update: California Restaurant Employee Injured By Co-Worker’s Prank Entitled To Workers’ Compensation Only; Court Dismisses Lawsuit Against Employer

 “…The waiter received workers’ compensation benefits and sued his employer…The court explained that even if the exception extended to an workers compensation insuranceassault by a “managing representative” the waiter did not show that the lead cook was a managing representative. The lead cook did not exercise general discretionary power of direction and control over the restaurant business or even the kitchen. At most, she made decisions regarding the kitchen work in the evenings…The California Court of Appeal dismissed the suit, finding that workers’ compensation held his exclusive remedy…”

A pizza cook at a restaurant heated a pan before placing a pizza on the pan for a waiter to bring to a customer. Because the pizza pans were generally kept cool, the waiter picked up the pan with his bare hand. When he did so, he screamed and dropped the pan. He suffered serious and permanent burn injuries.

The waiter acknowledged that before his burn injury there was substantial horseplay among the restaurant employees. The employees routinely engaged in practical jokes. He claimed that after he burned his hand he saw the lead cook and other employees laughing.

The court rejected the waiter’s argument that exceptions to the exclusivity provision applied. He did not show that the employer committed a physical assault or had any involvement or knowledge of the incident or that the lead cook or pizza cook acted on the employer’s behalf.

The waiter also did not show that the employer or any managers were aware that the lead cook had any responsibility for his burn injuries or that she was involved in an assault toward him. A restaurant manager questioned employees about the incident but only learned that the pizza cook was responsible for placing the hot pan.

For more:  http://www.riskandinsurance.com/story.jsp?storyId=533354776

Comments Off on Hospitality Industry Insurance Update: California Restaurant Employee Injured By Co-Worker’s Prank Entitled To Workers’ Compensation Only; Court Dismisses Lawsuit Against Employer

Filed under Claims, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management

Tagged as , , , , ,

by | July 23, 2013 · 6:20 am

Hospitality Industry Safety Issues: Private-Sector Workplace Injuries Fall 30% From 2003-2011; Workers’ Compensation Claims And Premiums Decline As Safety Progams Pay Off

“…For private-sector employers, the number of injuries involving missed work days, job restrictions or transfers to different chores dropped to 1.8 per 100 full-time workers in 2011 from 2.6 in 2003…safety experts say OSHA crackdowns and more corporate focus on OSHA Safety And Health It's The Law-page-001reducing hazards helped cut the injury rate. Also, legislation in many states has made it harder to qualify for workers’ compensation, which has reduced the number of claims…a benefit of the decline is that the average cost of workers’ compensation per $100 of payroll fell to $1.79 last year from $2.67 in 1994…”

About 100 federal and state court cases involving retaliation for workers’ compensation claims were decided last year, roughly double the number a decade before, estimates Lex Larson, president of Employment Law Research Inc. Some lawyers attribute the increase to growing awareness among workers that they can seek redress in court.

While employers say the decline in injuries shows that safety programs are paying off, unions and plaintiffs’ lawyers counter that companies sometimes discourage workers from speaking up.

The U.S. Occupational Safety and Health Administration is taking a tougher line with employers and says too many injuries go unreported. The agency last year reminded employers that federal law bars them from retaliating against employees for reporting injuries. It also warned employers against offering bonuses or prizes for meeting safety goals if those incentives deter workers from reporting injuries.

For more:  http://online.wsj.com/article/SB10001424127887323664204578610133657300940.html

Comments Off on Hospitality Industry Safety Issues: Private-Sector Workplace Injuries Fall 30% From 2003-2011; Workers’ Compensation Claims And Premiums Decline As Safety Progams Pay Off

Filed under Claims, Health, Injuries, Insurance, Labor Issues, Management And Ownership, Risk Management

Tagged as , , , , , ,

by | July 22, 2013 · 6:35 am

Hospitality Industry Property Risks: Nebraska Restaurant Fire Starts Near Cooler’s Condenser, Spreading Upstairs; Heavy Heat Results In Complete Loss

“…the blaze most likely started near the cooler’s condenser which was under repair and then spread to the NAPA auto store next door, only causing smoke damage while resulting in a complete loss for the restaurant…when the cook went to open the door, flames shot out…the whole Restaurant Fire Risksentire upstairs was probably involved in heavy fire. Made entry and attempted to extinguish that and due to extreme heat (the firefighters) were driven out and changed to a defensive mode…”

An iconic family restaurant in McCook destroyed by fire late Saturday evening must now decide how to move forward. Fullers Restaurant was more than a business, it was a part of the community and something everyone will miss.

“Tried to put it out with a hand extinguisher and then called the fire department and by the time they got set up and everything it was a little later,” said Val Fuller, the owner.

Fuller’s Restaurant employees recount the scene that led to the building’s evacuation late Saturday evening when the McCook Fire Department responded to a call for a structure fire shortly after 8:40 PM. “All of the employees, all of the customers were out and across the alley from the structure,” said Chief Marc Harpham with the McCook Fire Department.

“It was our supper hour, so we had a fairly decent crowd in there and we told them what the situation was and they left,” said Thayer.

Now, owner Fuller must decide how to move forward after losing the restaurant his parents started in 1946.

For more:  http://www.knopnews2.com/index.php?option=com_k2&view=item&id=8332:more-than-a-restaurant&Itemid=105

Comments Off on Hospitality Industry Property Risks: Nebraska Restaurant Fire Starts Near Cooler’s Condenser, Spreading Upstairs; Heavy Heat Results In Complete Loss

Filed under Claims, Fire, Insurance, Maintenance, Management And Ownership, Risk Management, Structural Damage

Tagged as , , , ,