Category Archives: Health

by | August 21, 2012 · 6:12 am

Hospitality Industry Legal Risks: Illinois Hotel Sued For "Failing To Recognize Signs Of, Inspect And Exterminate Bed Bugs In Guest Rooms"

“…(the lawsuit) is against…Marriott and the former Hickory Ridge Marriott Conference Hotel for failing to provide guests with a sanitary rooms, failing to inspect and exterminate rooms and failing to recognize signs of bed bug attacks, among other claims…”

Two women filed a lawsuit Monday in Cook County Circuit Court againstMarriott International Inc.and a now-closed Lisle Marriott Conference Center after claiming they and their respective children received numerous bed bug bites while staying at the hotel last August. April, Safford and the two children stayed at the suburban hotel from Aug. 6 to Aug. 15, 2011, according to the lawsuit.

During her stay at the hotel, April noticed bumps and bites all over her child’s “arms, hands, back, legs and scalp” while helping him get dressed, according to the lawsuit. She brought this to the attention of the manager, who asked if April had made a request for clean sheets, the lawsuit says.

The two women and both children were diagnosed as having “numerous bed bug bites from a significant infestation,” according to the lawsuit.

For more:  http://www.chicagotribune.com/news/local/suburbs/lisle/chi-women-sue-hotel-chain-over-bed-bug-bites-20120820,0,3322080.story

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by | August 19, 2012 · 11:49 am

Hospitality Industry Health Risks: California Hotels And Restaurants Must Establish Procedures And Provide Training For "Heat Illness Prevention" For All Outdoor Workers

 “…the California Department of Industrial Relations’ (DIR) Division of Occupational Safety and Health(commonly referred to as Cal/OSHA) is urging employers to protect outdoor workers from heat illness and allow for new workers to adjust to changes in weather (also known as acclimatization)…”

Cal/OSHA’s website provides employers with a Heat Illness Prevention e-tool for reference.

Under California’s first-in-the-nation heat illness prevention standard, employers with outdoor workers are required to establish and implement emergency procedures, and provide training on heat illness prevention to all workers. Every outdoor workplace must have drinking water for workers – at least one quart per hour per employee – and shade for recovery and rest periods. Shade must be provided when temperatures are above 85 degrees, and be available at employee request at any temperature. Employers are also required to train employees to properly identify heat illness symptoms.

The heat illness prevention standard was strengthened two years ago to include a high heat provision that must be implemented by five different industries when temperatures reach 95 degrees. These procedures include observing employees, closely supervising new employees, and reminding all employees throughout the shift to drink water. The specified industries include agriculture, construction, landscaping, oil and gas extraction and transportation or delivery of agricultural products, construction material or other heavy material. However, all employers are advised to take additional precautions during periods of high heat.

Read more here: http://www.sacbee.com/2012/08/15/4729437/calosha-reminds-employers-to-stay.html#storylink=cpy

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by | August 13, 2012 · 6:24 am

Hospitality Industry Legal Risks: Restaurant Owners Need To Obtain "Product Liability And Completed Operations Insurance" To Cover "Gluten-Free" Menu Items

“…a growing trend toward “gluten-free” menu items at America’s restaurants and catered events is increasing the demand for product liability and completed operations insurance, designed to protect food-service businesses against lawsuits arising from bad reactions to food products…”

The “gluten-free” trend is helping many establishments appeal to millions of Americans who are seeking gluten-free options for a variety of reasons, including gluten sensitivities (claimed by up to 10 percent of Americans, according to the National Institutes of Health) and celiac disease (diagnosed in about 1 percent of the U.S. population, or 3 million people). While offering more options for these customers makes for good public relations, it also opens the door to a new level of potential liability.

While any restaurant could face a lawsuit arising from alleged food poisoning or food allergies, those promising “gluten-free” menu items are at even greater risk of a lawsuit if a customer should choose these options and still have a reaction. Because there are currently no standards that define exactly what constitutes “gluten-free,” some restaurants may be promoting a “gluten-free” product that is prepared in the same area as foods containing gluten, raising the potential for cross-contamination. While many people with sensitivities may not have reactions to small amounts of gluten, others with higher levels of sensitivity could have a severe reaction, raising the potential for lawsuits.

Thankfully, food service businesses — including restaurants, catering businesses, and other food service providers — can protect themselves against the high cost of lawsuits by purchasing a type of insurance known as “product liability and completed operations” coverage. This insurance not only covers lawsuits related to gluten reactions, but also those related to other food allergies, food poisoning, or other injuries or damages caused by the products a restaurant or caterer sells.

For more:  http://www.restaurantnews.com/gluten-free-trend-spurs-demand-for-restaurant-liability-insurance/

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by | August 12, 2012 · 7:05 am

Hospitality Industry Legal Risks: California Hotel Sued By Nine Guests Claiming They Contracted Meningitis From Hotel Pool; Suit Seeks Damages For Premises Liability And Negligence

“…The plaintiffs claim the hotel failed to sanitize the pool, fill it with clean water, use purification chemicals or “obtain proper certification of health & safety codes to reopen pool and water park facilities after pool closure.”

They seek medical costs, damages and punitive damages for premises liability, negligence, gross negligence, public nuisance and loss of consortium.

Nine people claim they contracted meningitis and/or other deadly diseases two years ago from a pool at the Grand Pacific Palisades Resort in Carlsbad. Lead plaintiff Gerald Green claim that during their stay in August 2010 the hotel failed to properly sanitize its family swimming pool. Plaintiff claim that hotel staff told them later that “the pool had been closed due to prior fecal or other form of contamination.”

“Plaintiffs were caused to sustain severe personal injuries, including, but not limited to symptoms of fever, headache, myalgias [muscle pain], vomiting and diarrhea, resulting in diagnoses to include meningitis and aggravated multiple sclerosis,” the complaint states.
Meningitis is a potentially fatal disease caused by inflammation of the protective membranes of the brain and spinal cord. Multiple sclerosis, which causes damage to nerves in the brain and spinal cord, is a debilitating disease with no known cure.

For more:  http://www.courthousenews.com/2012/08/06/49015.htm

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by | August 9, 2012 · 6:46 am

Hospitality Industry Insurance Risks: Hotel And Restaurant Owners Face "Greatest Cost Increases" From Healthcare Reform Laws; Must Cover Employees Currently Not Eligible

“…Many retail and hospitality industry employers face a “double whammy” due to the upcoming health care reform law requirements…employers that do not offer qualified coverage face a $2,000 assessment per full-time employee—those working at least 30 hours a week—starting in 2014…”
Employers in the retail and hospitality industries face the greatest cost increases when provisions of the healthcare reform law imposing financial penalties on employers that do not offer qualified coverage go into effect in 2014, according to a survey released Wednesday.Forty-six percent of employers in the retail and hospitality industries and 40% of employers in the health care services industry expect health care cost increases of at least 3% due to health care reform law requirements, according to the Mercer L.L.C. survey of 1,203 employers.

Some will face stiff cost increases as they must extend coverage to employees who are not eligible for coverage currently. In other cases, the coverage they provide, such as through what are known as mini-med plans, will not meet 2014 standards. That includes a ban on annual dollar limits on essential benefits as laid down by the Patient Protection and Affordable Care Act.

Read more: Retail, hospitality industries face big reform costs | Modern Healthcare http://www.modernhealthcare.com/article/20120808/INFO/308089995#ixzz233mGPu1M

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by | August 3, 2012 · 6:21 am

Hospitality Industry Health Risks: Michigan Restaurant Closes Down After Confirmed "Norovirus" Outbreak Sickens Over 200 Customers

“…customers reported symptoms of vomiting, nausea, cramps, and diarrhea. More than 200 individuals have come forward with symptoms since last week. Nearly all patients recovered within a day, but one individual was hospitalized for dehydration…”

An outbreak of foodborne illness at a Mexican restaurant in Holland, MI was confirmed to be norovirus, the Ottawa County Health Department reported on Tuesday. Officials are no longer seeking any reports of illness on this case. However, Susan Felgner, representative to the health department, noted, “[t]he overwhelming public response was critical…to the investigation.”

The owners of Margarita’s Mexican Restaurant have voluntarily closed its doors and have not announced when it will re-open.

Norovirus is a highly contagious disease transmitted through contaminated food and water or contact with infected surfaces. The virus causes gastroenteritis, an inflammation of the stomach, and leads to symptoms such as stomach pain, nausea, diarrhea, and fever.

For more:  http://www.healthmap.org/news/norovirus-outbreak-hits-restaurant-michigan-8212

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by | July 29, 2012 · 8:01 am

Hospitality Industry Crime Risks: Pennsylvania Hotel Evacuated After "Meth Lab" Chemicals And Materials Discovered In Third-Floor Room

“…Hotels and motels are increasingly used by meth-makers because the chemicals used – which can include lighter fuel, lye, lithium, and acetone, among other dangerous substances – seep into fabrics, furniture, and floors, according the Department of Justice website…” 

“You basically destroy someone’s hotel room, and then you leave.”

At least 300 guests were evacuated from the Hampton Inn at 1301 Race St. about 5:30 a.m. as first Philadelphia firefighters, then the Police Department’s homeland security and terrorism unit arrived to handle the volatile chemicals left behind by a would-be meth-maker.

Investigators discovered in a third-floor room the chemicals and materials used in the “one-pot” or “shake-and-bake” method of producing the dangerous, highly addictive stimulant.

The procedure can result in toxic fumes and explosions, leave behind a dangerous trail of chemicals, and render the room uninhabitable.

For more:  http://www.philly.com/philly/news/pennsylvania/20120729_Makeshift_meth_lab_forces_evacuation_of_Center_City_hotel.html

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by | July 28, 2012 · 7:25 am

Hospitality Industry Alcohol Risks: Mississippi Casino Resort And Spa Sued For $75 Million By Family Of Man Who Died After Consuming "Free Drinks"

The suit claims casino workers kept serving free drinks to 30-year-old Bryan Lee Glenn in August 2009, ignoring pleas from the drunken man’s family to stop serving him. 

A lawsuit claims a Mississippi casino served so much alcohol to a man taking powerful prescription painkillers that he died on the floor of his hotel bathroom. The lawsuit against IP Casino Resort and Spa in Biloxi was filed Wednesday in U.S. District Court in Gulfport. It seeks damages of $75 million.

The suit says Glenn died in his hotel room. He’d taken prescribed painkillers including Percocet, morphine and Xanax, as well as antipsychotic medications in the three weeks before his death, the lawsuit says. He was being treated for physical injuries as well as psychosis and hallucinations. Glenn had suffered a traumatic brain injury in a 2004 four-wheeler accident, then suffered back injuries in a 2007 car wreck.

Read more here: http://www.miamiherald.com/2012/07/27/2915715/75m-lawsuit-claims-casino-let.html#storylink=cpy

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by | July 16, 2012 · 6:32 am

Hospitality Industry Spa Treatment Risks: Florida Hotel Sued By Woman Who Claims "Near-Fatal Massage And Treatment" Has Resulted In Two Years Of Medical Expenses

“…a spa employee slathered her in aromatic essential oils, aloe, and shea butter. But the curvy Jersey girl began to have doubts when she was wrapped tightly in a “cellophane-type material” and helped inside something called an Alpha Massage Capsule. It looked like a space-age coffin…”

“…Once inside, she couldn’t move. As the temperature soared, she started to become overheated and lightheaded. She shouted for help, but the attendant had vanished, the lawsuit says. Then Berean passed out…”

According to a lawsuit she filed earlier this month, Berean’s spa treatment (at the Howard Johnson Hotel in Miami Beach in July 2010) turned into one hot, buttery nightmare. The spa promised to leave her skin “glowing,” but Berean’s “hot butter wrap” nearly melted her instead. After two years of medical bills, she wants payback.

“She was stuck in this little heating egg,” says Berean’s lawyer, Andrew Norden. “She yelled, but nobody came to help her. Then she passed out. It was terrifying for her.”

Lawyers representing Nirvana Spa did not respond to requests for comment. Berean also declined to speak to New Times about her ordeal, but her attorney and lawsuit paint a terrifying picture of relaxation gone awry.

When the Nirvana Spa employee finally returned, she took Berean out of the capsule and unwrapped her like an aborted butterfly. Berean gradually came to, but instead of calling paramedics, the employee put the barely conscious client into the shower and left her alone again, according to the lawsuit. Berean fainted a second time and hit her head.

Berean has undergone “extensive medical care and treatment” because of the near-fatal massage, the lawsuit claims. But Natalia Bazhenova, Nirvana’s current manager who joined the spa after the incident, says the story sounds suspicious.

For more:  http://blogs.miaminewtimes.com/riptide/2012/07/woman_sues_nirvana_spa_on_miam.php

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by | July 14, 2012 · 8:16 am

Hospitality Industry Health Risks: Oregon Restaurants Will Not Be Required To Prohibit "Bare-Hand Contact" Pending Review; "Double Hand-Washing Rule" To Be Enforced

“…(the State of Oregon) decided to remove the bare-hand contact prohibition from the proposed rules because this issue needs further discussion…the group will convene multiple times over the next few months. The state will continue to enforce its double hand-washing rule for food servers until any changes are announced…”

The Oregon Health Authority is shelving its proposed rule mandating that restaurant workers not prepare food with their bare hands. State health officials have decided to convene a work-group on standards to prevent food-borne illness. The group will work toward a substitute to the so-called “no bare hand contact” rule originally proposed by the Health Authority.

That provision was to take effect on July 1, but was delayed after protests from the food service industry. The work group will include restaurateurs, legislators, medical professionals and others.

Gail Shibley, the administrator of the OHA’s Public Health Division, said her agency is looking for diverse opinions. “We think we can get the wisdom from restaurateurs as well as a variety of other folks to really dig into the details of this specific provision, and move forward at a later date,” she said.

For more:  http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20120713/NEWS07/120719990/-1/NEWSMAP

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