Category Archives: Guest Issues

Hospitality Industry Property Risks: Texas Hotel Fire Starts In Air Conditioning Unit, Resulting In Extensive Damage And Death Of Elderly Guest From Smoke Inhalation

“…occupants of the actual room where the fire started…woke up in the night to their fire alarm going off and could see fire coming out of the air Hotel Fire and Smoke Damageconditioning unit in their room…the death of hotel guest  Rena Goodson, 74, of Holly Lake Ranch, was attributed to smoke inhalation…she was carried from the burning building by firefighters and transferred to a Dallas hospital, where she died over the weekend…”

Fire investigators said Wednesday that the fire that claimed the life of a Holly Lake Ranch woman and destroyed a large part of the Best Western Trail Dust Inn started in an air conditioning unit.  Assistant Fire Marshall Eric Hill said fire investigators Aaron Kager and David James interviewed hotel guests and combed through the burned out section of the hotel before making the ruling.

The fatal fire broke out sometime before 2 a.m. Saturday in the west wing of the hotel. The assistant fire marshall said the motel was booked to capacity when the fire broke out and forced evacuation of 58 people staying in that section of the hotel. Another 150 people were evacuated from adjoining buildings, which were threatened by the fire that stretched firefighting resources.

For more:  http://www.myssnews.com/news-telegram/news/22372-fatal-hotel-fire-started-in-ac-unit-ruled-accidental.html

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Filed under Fire, Guest Issues, Injuries, Insurance, Liability, Management And Ownership

Hospitality Industry Health Risks: Tennessee Hotel Guest Dies From “Carbon Monoxide Poisoning”; Room Directly Above Natural Gas Pool Heater

“…Health Department inspectors found deficiencies at the Best Western’s indoor swimming pool earlier this hotel Carbon Monoxide Poisoningyear…the bottom-floor pool is below the second-floor room where the deaths occurred. Room 225 is directly above a room with a natural gas heater for the pool, police said…a March 6 inspection showed the pool’s pump was not approved by an industry standards group. The report also found the pool’s chemical and equipment room needed better ventilation…”

Police on Monday said elevated carbon monoxide levels were found in a hotel room where an 11-year-old boy died over the weekend, two months after the poisonous gas killed an elderly couple in the same room. Authorities said an autopsy of Jeffrey Lee Williams of Rock Hill indicated he died from asphyxia, though blood tests were not complete. Jeffrey was found Saturday in a room at Best Western Plus Blue Ridge Plaza, where he was staying with his mother, Jeannie Williams.

Williams, 49, remained hospitalized Monday at Watauga Medical Center. At a Monday news conference, Boone police Sgt. Shane Robbins said newly obtained blood test results show carbon monoxide killed Daryl Dean Jenkins, 73, and Shirley Mae Jenkins, 72, both of Longview, Wash. They were found April 16, also in Room 225.

The revelations raised new questions about the death investigations, including why blood test results in the Jenkins’ deaths took two months to complete.

A spokesman for the N.C. Department of Health and Human Services, which oversees the state’s medical examiner’s office, refused to release death reports in the three cases, saying they were incomplete.

The Observer requested an interview with N.C. Chief Medical Examiner Dr. Deborah Radisch, but spokesman Ricky Diaz said she would not be available.

Read more here: http://www.charlotteobserver.com/2013/06/10/4097181/report-carbon-monoxide-found-at.html#storylink=cpy

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Filed under Guest Issues, Health, Liability, Maintenance, Pool And Spa, Risk Management

Hospitality Industry Health Risks: CDC Reports That Up To “58% Of Hotel And Public Swimming Pools Contain Fecal Matter”, Resulting In Increased “E.Coli & Other Recreational Water Illnesses”

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In 2013, the U.S. Centers for Disease Control and Prevention (CDC) released a report that found fecal matter in 58% of public swimming pools. The study looked at 161 samples from pool filter concentrates…The study detected E. coli in over 50% of the pool samples, indicating that swimmers frequently introduced fecal material into pools. This could mean that pathogens can be transmitted to others through the use of these pools and recreational water activities…Although the study found E. coli at higher rates in municipal pools, pools that required a membership or were located within a club still tested positive 49% of the time.

Although the study found E. coli at higher rates in municipal pools, pools that required a membership or were located within a club still tested positive 49% of the time. Since 1978, the incidence of recreational water illness (RWI) outbreaks of acute gastrointestinal illness has substantially increased.

Some of the organisms detected in the study included:
• Pseudomonas aeruginosa
• E. coli
• Giardia intestinalis
• Cryptosporidium

Contrary to popular belief, chlorine does not kill all germs instantly. There are germs today that are very tolerant to chlorine and were not known to cause human disease until recently. Once these germs get in the pool, it can take anywhere from minutes to days for chlorine to kill them.

Recreational water illnesses are caused by germs spread by swallowing, breathing in mists or aerosols of, or having contact with contaminated water in swimming pools, hot tubs, water parks, water play areas, interactive fountains, lakes, rivers, or oceans. Recreational water illnesses can also be caused by chemicals in the water or chemicals that evaporate from the water and cause indoor air quality problems.

These are just a few things to know about microbial contaminants and recreational water illnesses, to learn more about this other health and safety or environmental and indoor air quality issues, please visit the websites shown on the screen.

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Filed under Guest Issues, Health, Liability, Maintenance, Pool And Spa, Risk Management

Hospitality Industry Legal Risks: Hotel Management Must Evaluate And Prepare For Potential “Punitive Damage Claims” In Lawsuits Arising From Privacy, Over Service Of Alcohol And Criminal Actions Of Employees

“…the No. 1 priority is effective case evaluation and resolution. Early factual investigation is critical in determining what happened, why it happened and who was involved. Knowing and preserving the correct version of facts and events with effective reporting mechanisms is essential Hospitality Industry Lawsuitto knowing what kind of claim possibly can be presented and what kind of exposure exists…”

“…it is critical to evaluate the potential punitive exposure early and assess the potential for a punitive claim to get to a jury. Always consider the risk that punitive damages may get to a jury, how a jury will receive the evidence and whether your hotel could be punished by a jury that is attempting to make a statement that these incidents will not be tolerated…”

Hoteliers may face the problematic public-relations case that contains a punitive damages claim. These claims include: invasion of privacy, inappropriate surveillance, over service of alcohol, and criminal actions of employees and third parties. These cases are difficult for members of the hospitality industry who pride themselves on showing customers a positive experience, want good feedback and want customers to return to their hotel.

Securing and preserving evidence, which includes photographs, videos, an accident report, incident statement and/or witness statements must be undertaken to document what the incident involves. If photographs and videos are not preserved once a hotel has notice of a claim, a court could instruct the jury that they can infer the hotel destroyed the evidence for a reason. It is critical to use technology to best find and preserve evidence. No potential accident can be overlooked as a hospitality group never knows what accidents can turn into a possible lawsuit.

For more:  http://www.hotelnewsnow.com/Articles.aspx/10625/How-to-respond-to-punitive-damages-claims

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Filed under Claims, Employment Practices Liability, Guest Issues, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Risk Solutions: “3rd Global Congress On Travel Risk Management” To Be Hosted By HospitalityLawyer.com On Sept. 30 – Oct 1 In Houston, TX (Video)

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HospitalityLawyer.com Education Partner II

HospitalityLawyer.com

HospitalityLawyer.com, in coordination with the Greater Houston Convention & Visitors Bureau, will host the 3rd Global Congress on Travel Risk Management, September 30 to October 1, 2013, in Houston, Texas, at the Galleria Omni Hotel. The Global Congress focuses on  solutions enabling businesses and governments to meet their Duty of Care to mobile employees and protecting mobile data.

The travel, tourism and hospitality industries are a $3.5 trillion global economic powerhouse encompassing transportation, lodging, and venues and events. Governments around the world spend trillions on infrastructure and travel support systems. Disruptions are costly, both financially and in customer goodwill. The Global Congress’s objective is to facilitate the delivery of safe, secure and uninterrupted travel via an all-encompassing public-private dialogue dedicated to the sharing of best practices for issues faced by the global travel, tourism and hospitality industries.

For more:  http://www.hospitalitylawyer.com/?post_type=gc&p=565

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Filed under Conferences, Guest Issues, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Technology Solutions: Hotels Increasingly Targeting “Millennials” With Free Wi-Fi, “Coffeehouse-Like Workspaces” And Unique, Local Food & Amenities

“…Hoteliers and researchers say Millennials, those generally born in the 1980s to the early 2000s, are unique travelers because they want to stay Hotel Technology Solutionsconstantly connected through social media, they want coffeehouse-like spaces where they can work and play, and they want unique and local amenities. They also want it all instantly and in a comfortable, modern setting…”

A survey last year by Boston Consulting Group of 4,000 Millennials ages 16 to 34 and 1,000 non-Millennials ages 35 to 74 found key differences between consumers in both age groups. Millennials value speed and convenience, are more likely to trust advice from peers than people with professional credentials and use technology to connect with more people in real time, the study found.

King says AC Hotels will appeal to those travelers who appreciate design, technology, good lighting and quick, efficient service.  An AC Lounge will have a menu of small plates, cocktails, wines and craft beers. Visitors will be able to book spaces for meetings from their smartphones using Marriott’s Workspace on Demand app. And Wi-Fi will be free throughout the property.

Commune’s Tommie, which will launch in New York in 2015, is unabashedly going after Millennials. Public lounges called Reading Rooms will promote socializing. Guests will be able to check themselves in and dine from a gourmet grab-and-go marketplace. Rates will stay in the mid-$200 range because of the limited services.

For more:  http://www.usatoday.com/story/travel/hotels/2013/06/03/marriott-hotel-brand-millennials/2382003/

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

Hospitality Industry Safety Risks: Alabama Hotel Guests Hospitalized By “Excessive Pool Chlorine Exposure”; Employee Failed To Turn Pump On

Hotel Pool Chlorine Health Issues“…employees of the hotel were putting chlorine in the pool without the pump on.  When the pump was turned back on, chlorine came out too fast instead of gradually…”

Nine people were sickened Sunday after coming into contact with too much chlorine at the Renaissance Birmingham Ross Bridge Golf Resort & Spa in Hoover.

Hoover Fire and Rescue were called out Sunday afternoon to the hotel pool where nine people had become ill.

Five people were treated on the scene. Two adults and two children were transported to local hospitals.
The pool was closed down for a short time but has since been reopened.

For more:  http://www.myfoxal.com/story/22427405/nine-people-sick-after-coming-into-contact-with-chlorine-at-a-hoover-hotel-pool

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Filed under Guest Issues, Health, Injuries, Labor Issues, Liability, Maintenance, Pool And Spa

Hospitality Industry Crime Risks: New York Hotel Rooms Burglarized By Man Who Stole Housekeeping Master Key

“…An investigation found the housekeeping master key had been stolen. Maintenance personnel reported an individual had been seen using a card to enter a room other than his own, and more guests reported thefts and observations of someone entering rooms without authorization…A hotel thefthotel guest on the second floor claimed that when he returned to his room at 7 p.m. he found his suitcases unzipped, marks on a locked briefcase, two watches and other personal items missing, as well as the dresser from the room…”

After allegedly stealing the master key from the Super 8 Hotel on Route 17, a Hillburn, N.Y., man was arrested on charges of burglary, theft, and drug possession, according to Police Chief James Batelli. Frank Hadley, 40, who was a registered guest in a room on the third floor of the hotel from May 14-21, was arrested Monday, May 20, after an investigation by the Mahwah Police Department found he had stolen the master key and broke into hotel rooms.

Another guest, who was also staying on the second floor, reported that he was wakened by a knock at his door followed by the sound of the key card accessing the room. The guest went to grab the door and confronted the perpetuator who “rambled about having problems with satellite reception on the third floor,” Batelli said. The customer didn’t get a good look of the man at his door because of poor lighting, he said.

For more:  http://www.northjersey.com/news/209458021_Alleged_Mahwah_hotel_theif_stole_master_key.html

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

Hospitality Industry Legal Risks: Texas-Based Motel Group Faces “Class-Action Lawsuit” Over “ADA Pool Lift” Non-Compliance; “No Plan Or Policy Making Pools Accessible By Disabled People”

“…the defendant’s hotels, which are places of public accommodation, have barriers to use of the pools…the pools do not have a fixed pool lift or Hospitality Industry Class Action Lawsuitsother acceptable means of entry for disabled persons, notwithstanding that such modifications are readily achievable…the existence of barriers to use the pool at the defendant’s hotels deterred the plaintiff from staying at the defendant’s hotels, the suit says.”

G6 Hospitality Property LLC is facing a class action lawsuit alleging it is not complying with the Americans with Disabilities Act. The litigation, initiated May 20 in the Houston Division of the Southern District of Texas by plaintiff Dana Bowman, claims G6, doing business as Motel 6, failed “to design, construct and/or own or operate hotel facilities that are fully accessible to, and independently usable by, disabled people.”

Bowman, a retired Army sergeant first class, asserts that he called the respondent prior to visiting Houston on business to see if its hotels’ pools had some means of access for the disabled such as himself only to be told there were none, adding he “independently” verified the absence of a pool lift at the facilities.

According to the original petition, the respondent “does not have a plan or policy that is reasonably calculated to make all of its hotels fully accessible to and independently usable by disabled people.”

A jury trial is requested.

For more:  http://setexasrecord.com/news/285525-class-action-lawsuit-argues-motel-6-pools-inaccessible-to-disabled-guests

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Filed under Guest Issues, Legislation, Liability, Maintenance, Management And Ownership

Hospitality Industry Legal Risks: A List Of “High-Profile Restaurant Lawsuits” Over The Past Twenty-Five Years

  • McDonald’s customer suing over hot coffee burning her legsHospitality Industry Lawsuit

In 1992 Stella Liebeck spilled a cup of McDonald’s coffee that she had between her knees, scalding her thighs, buttocks and groin. The 79-year old woman, who later sued, suffered third-degree burns on six percent of her body. The lawsuit, which gained national attention, initially resulted in a jury awarding Liebeck $160,000 to cover medical expenses and an additional $2.7 million in punitive damages. The jury held McDonald’s 80% responsible and Liebeck, who resided in Albuquerque, New Mexico, 20% responsible for the accident. McDonald’s, who appealed the verdict, eventually settled the case with Liebeck for an undisclosed amount, less than $600,000.

  • Woman sues Wendy’s because she claimed there was a finger in her chili

Industry watchers were horrified in 2005 when a woman from Las Vegas claimed to have found a finger in her bowl of Wendy’s chili at a San Jose, California unit. Because of the adverse publicity sales at Wendy’s declined nationwide. Following the incident the FBI ran the fingerprint of the detached finger through its database with no matches found, and Wendy’s offered a $50,000 reward for information leading to the source. As it turned out the woman, Anna Ayala, had a history of lawsuits, filing 13 in Nevada and California. Ultimately the finger was traced to an associate of Ayala’s husband who had lost the finger in an industrial accident. Ayala later pleaded guilty to conspiring to file a false claim and attempted grand theft.

  • Foodmaker’s 90 lawsuits over Jack in the Box E. coli outbreaks

The restaurant industry collectively held its breath in 1993 when four children died of an E. coli 0157:H7 outbreak and 600 others were sickened. The outbreak occurred as a result of patrons eating undercooked hamburger patties at Jack in the Box locations in the Pacific Northwest. Parent company, Foodmaker, faced 90 lawsuits, each of which was settled quickly, some in excess of $7 million. The company, which stared down bankruptcy, lost thousands of customers as a result of the tragedy. Following the outbreak the chain hired highly respected food safety consultant David Theno to lead their turnaround, which ultimately made Jack in the Box the industry’s gold standard concerning food-handling practices.

  • Two Pesos versus Taco Cabana lawsuit reaches the Supreme Court

Quick-serve Taco Cabana alleged in court that the look and feel of its restaurants had been ripped off by Two Pesos, another quick-serve Tex Mex chain. Taco Cabana argued that its competitor had copied its 24-hour patio café concept, and virtually all of its interior and exterior design elements. Suing in 1987 for infringement of trade dress, the Taco Cabana lawsuit wound its way through the U.S. court system and ultimately landed in front of the U.S. Supreme Court in 1992, where the court upheld two lower court rulings. Those courts had decided in favor of Taco Cabana, awarding approximately $2 million damages.

  • In-N-Out versus CaliBurger for copying its signature burger

In-N-Out doesn’t have any units in China but its owners were none too pleased to find out that CaliBurger was serving up a Double-Double (In-N-Out’s signature burger) and also had similar architectural features, as well as palm-tree print cups and Animal style fries. Once the lawsuit for trademark infringement was filed earlier this year, CaliBurger’s owners, who were Americans with offices in Diamond Bar, California, agreed to tweak its menu and décor. “The matter has been resolved,” has been the only comment from In-N-Out.

  • Taco Bell lawsuit asks, ‘where’s the beef?

Taco Bell was recently sued in a lawsuit that essentially asked the question, where’s the beef? According to the suit the YUM-brands owned chain is using a meat mixture that contains binders, and does not meet the minimum requirements set by the U.S. Department of Agriculture to be labeled as “beef.” The lawsuit, which was filed in 2011 by an Alabama law firm on behalf of a Taco Bell customer, was eventually withdrawn but not before it had garnered headlines around the world. “This sets the record straight about the high quality of our seasoned beef and the integrity of our advertising,” Taco Bell CEO Greg Creed said at the time. “We took great exception to the false claims made about our seasoned beef and wish the attorneys had contacted us before filing and publicizing a lawsuit that disparaged our brand.”

  • BK franchisees sue parent company over $1 cheeseburger

In 2009 Burger King franchisees sued their Miami-based parent over a $1 cheeseburger promotion asking the court to agree that BK does not have the right to set prices. The National Franchisee Association, which represents more than 80 percent of the system, said BK used the promotion to boost sales in an attempt to satisfy investors at the expense of the franchisees. After a two-year court battle the franchisees dropped the suit and in the bargain now have more input on both the pricing of Value Menu items and the length of special deals. “We saw this as an opportunity to resolve our differences and move forward,” Steve Wilborg, Burger King’s president of North America, told Reuters at the time. “It’s important for our franchisees to win.”

  • The New York State Restaurant Association sues NYC over calories disclosure

The New York State Restaurant Association filed a federal lawsuit in an attempt to halt New York City’s 2008 rule that made chain restaurants disclose calorie information on their menus. The suit, filed in U.S. District Court in Manhattan, came just 10 days after the city’s Board of Health passed its new rule that would affect about 10% of the city’s restaurants. The association, which represents 7,000 eateries in the state, made the same argument two years earlier but to no avail as the rule is now completely rolled out, affecting chain restaurants with15 units or more. In a statement the city’s Department of Health said at the time. “We hoped the industry would work with us to address New York City’s obesity epidemic, but it has once again decided not to.”

For more: http://aaronallen.com/blog/restaurant-pr/ten-foodservice-lawsuits-that-have-played-out-in-the-public-eye/

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