Category Archives: Guest Issues

Hospitality Industry Health Risks: Texas Restaurant Sued By Customer Claiming Sickness From “Cyclospora”; Parasite Traced To Tainted Salad Mix

“…According to her lawsuit, (the plaintiff) dined at an Olive Garden restaurant in Addison, Texas on July 1 and suffered nausea, fatigue and Restaurant Cyclospora Outbreaksdiarrhea a few days later. Tests confirmed that her gastroenteritis was caused by cyclospora, the lawsuit states…Cyclospora is a single-celled parasite that attacks the small intestine, causing diarrhea, loss of appetite, weight loss, stomach cramps, bloating, gas, nausea and fatigue, health officials said…”

A Dallas woman is suing Darden Restaurants, claiming she became sick with the rare parasite cyclospora after she ate at an Olive Garden restaurant.

Suzanne Matteis contracted the severe gastrointestinal sickness in July and tested positive for the parasite, said her attorney, Ryan Osterholm. Nationwide, there are at least 378 confirmed cases of illness from cyclospora in 16 states since mid-June.

On Friday, the U.S. Food and Drug Administration announced that cyclospora cases in Iowa and Nebraska have been traced to a tainted salad mix supplied by Taylor Farms de Mexico to Olive Garden and Red Lobster restaurants in those states. Both restaurant chains are owned by Darden Corporation.

For more: http://www.orlandosentinel.com/news/local/breakingnews/os-salad-darden-cyclospora-lawsuit-20130803,0,4967942.story

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

Hospitality Industry Legal Risks: New Jersey Restaurant Group Fined $500,000 For “Substituting And Selling Cheap Liquor For Premium Brands”

“…The fine includes $400,000 for the violations and $100,000 to cover investigative costs…at one of the 29 businesses, a mixture that included rubbing alcohol and caramel coloring was sold as scotch. In another, premium liquor bottles were refilled with water that was not even clean. Restaurant Liquor Sales Liability 1The state never identified which restaurants or bars those were…The franchisee also faces a lawsuit in state court by two women who claim Briad had instituted a uniform policy to substitute cut-rate liquor for premium brands for during at least a year, in violation of the New Jersey Consumer Fraud Act. It seeks reimbursement for all customer losses and punitive damages of three times the price of each drink…”

An operator of TGI Fridays restaurants in New Jersey has agreed to pay a $500,000 fine for serving customers cheap booze when they paid for top shelf. Acting Attorney General John Hoffman said Wednesday that the fine levied against Livingston-based Briad Group, as a result of an investigation dubbed Operation Swill, should send a message to every bar and restaurant in the state that customers should always get what they pay for.

Under terms of the settlement, Briad agreed not to contest charges that eight of its restaurants were selling customers cheap substitutes in place of premium alcohol. It also agreed to employ a state-appointed monitor through June 14 to ensure its restaurants and employees are in compliance.

As long as there are no further violations during that period, the businesses will avoid five-day suspensions of their liquor licenses, the attorney general said.

For more:  http://www.bostonglobe.com/business/2013/07/31/tgi-fridays-fined-for-switching-liquor/tFC5CnrWxLByqT35hxVI6J/story.html

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Filed under Guest Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Pool Safety: “The Model Aquatic Health Code: Making Swimming Healthy And Safe”

Model Aquatic Health Code CDC-page-001

Model Aquatic Health Code CDC-page-002

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

Hospitality Industry Safety Risks: Ohio Hotel Sued For “Negligence” By Family Of Security Guard Stabbed To Death By Homeless Man; “Unlocked Outside Stairwell Doors” Posed Safety Threat

“…(the suit claims) the  hotel was obligated to provide a safe place for its employees to work, (but) the outside stairwell doors were left unlocked as Hotel Wrongful Death Lawsuitspart of hotel  policy…the suit claims the  hotel’s employees routinely left exit doors to the stairwells unlocked from the  outside, and the family’s attorney said this allowed the homeless (man) to come inside and sleep…the  safety threat posed by the unlocked doors was foreseeable and should have been  prevented…”

The family of a security guard who was stabbed to death while on duty has sued  the hotel where he worked. Richard Campbell was  stabbed to death on his 58th birthday, Dec. 7, when he confronted a man in the  stairwell of the Hilton Netherland Plaza in downtown Cincinnati. Joseph Tucker pleaded  guilty last month to one count of murder in the slaying and was sentenced to 15  years to life in prison.

Tucker said he was high on  marijuana and drunk at the time, and he said he’s not sure why he stabbed  Campbell. Police said Tucker was in  the process of stealing something when the security guard confronted  him. Campbell’s brothers and  sisters filed a lawsuit Tuesday in Hamilton County Common Pleas Court, claiming  the hotel was negligent.

Read more: http://www.wlwt.com/news/local-news/cincinnati/family-of-slain-security-guard-sues-hotel/-/13549970/21181176/-/qbalbyz/-/index.html#ixzz2aLjd0nBP

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Filed under Crime, Guest Issues, Injuries, Insurance, Labor Issues, Liability, Maintenance

Hospitality Industry Legal Risks: Texas Restaurant Sued For $1 Million By Customer Who “Slipped And Fell On Peanut Shells” On The Floor; Claims “Unreasonably Dangerous Condition”

“…The lawsuit states that (the plaintiff) slipped and fell in the restaurant on March 19, and that the restaurant and employees knew or should Hospitality Industry Injury Lawsuitshave known that the peanut shells on the floor created an unreasonably dangerous condition…(she) is suing for damages for physical pain, mental anguish, physical impairment, medical expenses, lost wages, loss of earning capacity and court costs…”

A Harlingen woman is seeking $1 million after she claims she slipped and fell on peanut shells on the floor of a local restaurant. Amelia Tijerina has filed a civil lawsuit arguing that Texas RoadHouse Inc. is responsible for the peanut shells on the restaurant’s floor. RoadHouse has denied Tijerina’s allegations and demands proof.

Tijerina sued the restaurant in state district court, but Texas RoadHouse moved the lawsuit to federal court, according to court records.

She also maintains that the restaurant or employees should have warned her about the peanut shells or should have removed them.

She is presented by Attorney Salvador Garcia and Jorge A. Green with The Green Law Firm of Brownsville.

Attorneys Karl W. Koen, Robert J. Collins, and Rachel R. Vulpitta of Gauntt, Earl, Binney & Koen, LLP of Dallas, who represent Texas RoadHouse, contend that it was Tijerina’s own actions or omissions that caused or contributed to her injury.

For more:  http://www.valleymorningstar.com/news/local_news/article_3296dd56-f669-11e2-a706-0019bb30f31a.html

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

P3 Hospitality Industry Risk Report: “Globally Harmonized System (GHS)” By Petra Risk Solutions’ Director Of Risk Management Todd Seiders, CLSD

[vimeo http://vimeo.com/68627105]

P3Petra Risk Solutions’ Director Of Risk Management, Todd Seiders, CLSD , offers a P3 Hospitality Risk Update – ‘Globally Harmonized System (GHS)’.

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.

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

Hospitality Industry Technology Solutions: “Smarphone Payment Apps” Allow Customers To Pay For Food And Services With Phones Or Mobile Wallets

The Carlisle & Gallagher Consulting Group forecasts that within five years half of smartphone owners will prefer to pay for their gas, food, Hospitality Industry Smartphone Paymentsgadgets and other consumer goods with phones and mobile wallets…By one count, perhaps 280 digital wallets or more have sprung up or are in development around those various technologies. Some retailers, notably Starbucks, have built their own apps for mobile payments.

Mark Logan ordered lunch at Mildred’s Coffeehouse & Bistro in the Crossroads Arts District and stepped to the register to pay. No cash. No check. No plastic. Logan paid with his smartphone. He had previously loaded it with his debit card information, using an app called Square Wallet, and snapped his own picture. To make the payment, Square Wallet sent Logan’s picture to the iPad that Mildred’s uses for a register. The iPad tied his tab to his photo.

The barista, seeing Logan, tapped his photo from among several customers on the screen and told Logan the payment was going through. A second tap — technology took care of the rest.

A recent survey of smartphone users found that half had never heard of the idea of a digital wallet, let alone downloaded and used one.

And few stores or restaurants take them.

All the same, you may be using one soon. Money is making a dash from pockets to smartphones thanks to digital wallets like Lemon, Isis, LevelUp and others.

Read more here: http://www.kansascity.com/2013/07/20/4357393/digital-wallet-apps-unfold-in.html#storylink=cpy

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

Hospitality Industry Technology Risks: Hotel Wi-Fi And LAN Networks Remain Vulnerable To Being Hijacked

“Whether it’s paid or not, whether there’s a password involved or not, nearly all of them are completely unsecure,” he said. “The reason that Wi-mobile technologyFi hotspots put passwords on their Wi-Fi is not to protect the individual, but rather to limit usage…LAN technology evolved years ago for use within organizations where security was never thought to be a major issue. The result is that most of today’s LANs can be hijacked, and all communication can be easily captured and stored on an unseen laptop.”

Private Communications Corp., a Connecticut-based digital-security company, reports that more than half of the 24 million Wi-Fi networks thought to exist worldwide are unencrypted, meaning they’re effectively open to anyone within radio range.

That statistic is particularly alarming when juxtaposed with another from the same company: In the United States, an estimated 43 million people use Wi-Fi hotspots to conduct personal or professional business.

Lawson said travelers should be wary even when connecting directly to a local area network, or LAN, offered by, say, a big-name hotel.

For more:  http://www.dispatch.com/content/stories/business/2013/07/14/on-vacation-your-hotel-wi-fi-might-be-vulnerable-to-hacker.html

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

Hospitality Industry Safety Solutions: Hotels And Restaurants With Ten Or More Employees Must Maintain A Written “Fire Prevention Plan” That Complies With OSHA Standards

OSHA Emergency Exit Route Facts-page-001

OSHA Fire Prevention Plan

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Filed under Fire, Guest Issues, Health, Injuries, Labor Issues, Liability, Maintenance, Risk Management, Training

Hospitality Industry Health And Safety Compliance: OSHA To Increase Inspections And Enforcement Of “Emergency Exit Routes” Requirements

OSHA Emergency Exit Route Facts-page-001

Retailers and hospitality entities (as well as other employers with multiple establishments) should be particularly attuned to this issue for several reasons. First, even without this directive from OSHA’s national office, year after year, 1910.36 continues to be one of the five standards most frequently cited against employers in these industries. Second, whereas in most workplaces, exits and exit routes are intended for egress of employees only, in retail and hospitality locations, emergency exits are there for both employees and patrons, which increases the scrutiny on the issue. Third, OSHA has launched at least two special emphasis enforcement programs (one in Delaware and another in Pennsylvania) focused on retail establishments, and looking at egress issues as one of the top focus areas.
Finally, although initial fines for egress-related violations are typically only $2,000 or less, OSHA now treats related workplaces within a corporate family as one workplace for purposes of Repeat violations, which carry penalties up to $70,000 per violation. This has been the primary weapon OSHA has used to drive up penalties against employers with multiple workplaces, like retailers and hospitality employers. By actively pursuing more Repeat violations, OSHA is issuing much higher penalties. Over the past four years, OSHA has increased the number of Willful and Repeat violations it has issued by more than 200%.

OSHA Emergency Exit Route Facts-page-001

OSHA Emergency Exit Route Facts-page-002

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Filed under Guest Issues, Health, Labor Issues, Liability, Maintenance, Management And Ownership, Risk Management