Category Archives: Injuries

Hospitality Industry Legal Risks: North Carolina Restaurant Ordered To Pay $1.7 Million To Parents Of "Unborn Child" Killed By Man In Alcohol-Related Head-On Collision

 “…attorneys say Huffman had been drinking at Eddie’s Place, and that his blood alcohol content was 0.23, nearly three times the legal limit in North Carolina…”

A jury has awarded a Charlotte couple $1.7 million in a lawsuit against a local restaurant in connection with a head-on collision that killed the couple’s unborn son.

Attorneys for Matt and Meredith Eastridge say 25-year-old David Canter Huffman was speeding in his Volvo on Oct. 29, 2010, when the car crossed the center line and hit Matt Eastridge’s Toyota RAV4.

Police say Huffman died in the crash, as did the Eastridges’ unborn son. Meredith Eastridge was a front-seat passenger and was six months pregnant.

For more:  http://www.therepublic.com/view/story/106eccfc426d4238a06f31c1cffbbf72/NC–Collision-Lawsuit

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

Hospitality Industry Safety Risks: Hotel Guests At Risk Of Injury As Shower Door Glass Can Shatter With The "Force Of An Explosion"

“…court records (documented)…a federal lawsuit filed earlier this year against the Four Seasons Hotel in Chicago. A woman, who stayed at the hotel in 2007, says she opened a shower door and suddenly “the force of an explosion” threw here “violently across the toilet” and caused her “serious injuries.” Pictures are filed with the lawsuit showing tiny particles of glass layered on the hotel bathroom and filling the toilet…”

Hotels need to be really vigilant about this problem…(says) a glass expert who may soon testify in three cases where guests were injured when their shower doors shattered… “The two main types of injuries are where their bodies get cut and the other ones are where they are walking out on glass and cutting their feet.”

Another couple posts video on Vimeo showing what allegedly happened to them during their Hawaiian honeymoon at the Ohana Hotel in Waikiki West. You can hear the water running from the shower, see his wife standing in the water, and feel her pain as she obviously had to find a way out through shattered glass all over the floor. The new groom, Lance Ogren, looks into his own home video camera and says, “I heard her start to open (the shower) and I heard a big crash.” Ogren tells CBS 11 news the hotel gave them an apology and a new room.

Meshulam says most shower doors have tempered glass which is heated and then cooled creating tension for durability. He demonstrated how hard it is to break slamming a hammer into a tempered glass shower door several times before it finally shatters. He says the door are considered safe because under stress they shatter into tiny pieces; however, he says there are several reasons why a shower door might explode.

One is a small crack, like the one in your windshield, that just slowly grows out like a spider web. “When it hits a certain part of the glass where all those internal tensions are residing then everything blows up.” He also says towel bars might not be installed properly. Or, doors may not slide on the tracks correctly. These can cause pressure over time. Finally, there could be a problem during the manufacturing process if a microscopic grain of nickel sulfide gets trapped inside the glass. This manufacturing defect is a “ticking time bomb.”

For more:  http://dfw.cbslocal.com/2012/09/28/cbs-11-investigates-shattering-shower-doors/

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

Hospitality Industry Legal Risks: California Hotel Sued By Family Of Woman Killed Crossing Street To Parking Lot; "Duty To Ensure Safety Of Guests"

“…The civil complaint alleges The Cliffs Resort has a duty to ensure the safety of its customers but failed to do so…the location is dangerous because resort patrons who do not use valet service must park on the east side of Shell Beach Road…they must cross the busy street without the benefit of a crosswalk, traffic controls, warning signs, or proper lighting…the lawsuit claims.”

The family of a woman struck and killed by an SUV while crossing Shell Beach Road in Pismo Beach nearly a year ago has filed a lawsuit seeking to improve safety at the site. The lawsuit was filed April 11 against The Cliffs Resort and the city of Pismo Beach by San Luis Obispo personal injury lawyer  Ryan Harris on behalf of the family of Tricia Rittger.

The Los Osos resident was 39 when she was struck Nov. 19, 2011, in front of the hotel and subsequently died, leaving behind husband Aaron and a 4-year-old daughter.

Harris said the lawsuit seeks to force The Cliffs and the city to improve safety for customers walking from the parking lot across Shell Beach Road to the hotel and restaurant.

For more: http://www.timespressrecorder.com/articles/2012/09/28/news/news54.txt

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Hospitality Industry Health Risks: "Wrongful Death" Lawsuit Filed Against Illinois Hotel For Legionnaire's Disease Outbreak Tied To Fountain In Lobby

“…Health officials tied the outbreak to the main fountain in  the hotel lobby. The plaintiff …alleges the  hotel didn’t properly maintain the fountain and said the company neglected to  prevent visitors from walking near the fountain when the hotel should have known  about the bacteria…”

The family of a Florida man who died after catching  Legionnaire’s disease at a Loop hotel has filed a wrongful death suit against  Marriott International. Luis Enrique Acevedo Muro was one of three people who died  after being exposed to Legionella bacteria at the JW Marriott Chicago Hotel, at  151 W. Adams St., according to the lawsuit and public health officials.

Acevedo Muro, of Key Biscayne, Fla., contracted Legionnaire’s  disease after  staying at the hotel from Aug. 1 to Aug. 3, the suit claims. He  died Aug. 14.

The eight-count suit, filed Wednesday in Cook County Circuit  Court,  claims wrongful death and survival action against Marriott and   Chicago-based developer The Prime Group, Inc.  It seeks an unspecified  amount in  damages. Neither company could be reached for comment Wednesday evening.

Legionnaires’ disease is contracted by breathing in mist or  vapors from water contaminated with the Legionella bacteria and usually develops  two to 14 days after exposure. It frequently begins with headache, high fever  and chills, and progresses by the second or third day to include a cough, chest  pain and shortness of breath.

Source: http://www.nbcchicago.com/news/local/legionnaires-disease-outbreak-chicago-hotel-marriot-171439911.html#ixzz27g7k8GHy

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

Hospitality Industry Legal Risks: Illinois Restaurant Sued For "Negligence" After Repairman "Set On Fire" By Employee; Seeks $50,000 In Damages

“…a recently filed lawsuit argues the East China Inn was negligent, and seeks more than $50,000 in damages…the man was standing on top of the stove inspecting a sprinkler system and changing a fuse…he needed medical treatment for a year…”

A fire suppression repairman has sued the East China Inn restaurant on Randall Road in Batavia, arguing he was set on fire while working during an October 2010 visit. Matthew Rapp, 25, of Oak Forest sustained severe burns to his left leg after someone turned on a wok while Rapp was atop a stove fixing fuses, his attorney said.

“He got burned quite badly,” said attorney Matt Willens, adding Rapp was burned mostly on his left leg from his ankle to his knee. “Because of the burn, he missed 21 weeks of work. He was burned by grease.”

The suit states that Rapp visited the Chinese restaurant on Oct. 12, 2010, for his job with Fire Science Techniques. “A restaurant employee turned on the stove or continued to work on the stove that the plaintiff was working above which set the plaintiff on fire,” the lawsuit states.

For more: http://www.dailyherald.com/article/20120912/news/709129713/

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Filed under Fire, Injuries, Insurance, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Property Risks: West Virginia Hotel Fire Destroys 30 Rooms, Killing One Man

“…Witnesses told authorities the fire appeared to start in the top section of the motel’s west wing, but no cause has been determined… The fire destroyed about 30 rooms…”

The West Virginia Fire Marshal’s Office says a Louisiana man has died of burns he suffered during a weekend hotel fire. Media outlets identified the victim as 21-year-old Dustin McCellen.

The marshal’s office didn’t provide his hometown, and the chief investigator on the Wilsonburg blaze didn’t immediately respond to a message Tuesday.

McCellen was an oil and gas industry worker who was staying at the Towne House West Motor Lodge when it caught fire early Sunday morning.

No one else was injured. Many of the rooms were rented by other gas workers who had gone home for the weekend.

For more:  http://www.wowktv.com/story/19511136/la-gas-worker-dies-of-burns-from-wva-motel-fire

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

Hospitality Industry Guest Safety: California Hotel "Re-Emphasizing Safety Policies" After Woman Falls From 11th-Floor Balcony In Apparent Suicide

After the latest incident, Wood emphasized to hotel employees the importance  of their training for Intervention Procedures certification, a program designed  to help employees prevent intoxication, underage drinking and drunken  driving…”A lot of people don’t understand that we are not a public place. This is a  private business, and we have the right to refuse service to anyone,” Wood said.  “We want to protect our guests, and that’s where our training comes into  play.”

Officials at the Crowne Plaza Ventura Beach Hotel say they are re-emphasizing  safety policies after the death of a 36-year-old Santa Barbara woman who  recently fell from an 11th-floor balcony. The woman’s death was determined to be a suicide, according to Ventura County  medical examiners. The woman fell from the balcony about 7:30 p.m. Aug. 30 and  hit the roof of the C-Street Restaurant below,Ventura police said.

Douglas Wood, general manager of the Crowne Plaza, said the hotel’s balcony  rails measure between 42 and 42.5 inches in height. According to guidelines set  by the International Building Code, hotel balcony railings must be at least 42  inches high, and the space between rails cannot be greater than 4 inches.

Hotel balconies also must be able to withstand a strong load, to make sure  the railings don’t fall down if someone pushes on them, according to the  code. The Crowne Plaza meets all three standards, said Jeffrey Lambert, Ventura’s  community development director.

Still, it was the seaside hotel’s third fall this year. On June 1, a  60-year-old Ventura woman committed suicide by jumping from a 12th-floor fire  escape staircase. On Jan. 13, a man suffered severe injuries after falling off a  balcony and hitting a concrete pool deck.

After the June incident, Wood said, the hotel decided to install tempered  glass along the fire escape staircase.

Wood said there are no plans to change the structure of the balconies. The  hotel underwent a complete renovation in 2006.

Former requirements call for balcony rails to be at least 36 inches tall and  no greater than 6 inches apart, said Chad Callaghan, a security consultant for  the American Hotel and Lodging Association.

Some hotels have taken other preventive measures, such as restricting roof  access, checking later on guests who seem troubled when checking in, and doing  away with patio furniture on balconies, which may invite children to climb on  top of them, Callaghan said.

Other hotels have placed labels on sliding-glass doors warning parents to  watch their children and never leave them unattended on the balcony, he said.  Sliding-glass doors at the Crowne Plaza have a sticker in the shape of a palm  tree to protect guests from walking into the glass.

“No matter what type of railing a hotel room may have, there is no substitute  for common sense and good parenting,” Callaghan said.

And despite laws designed to protect hotel guests from injuries and falls,  officials say, suicides may be unavoidable.

“The hotel has a responsibility to protect guests. They don’t have a legal  duty to provide reasonable protection against suicides,” Callaghan said. “If a  person wants to commit suicide, they’re going to find a way to do it.”

Read more:  http://www.vcstar.com/news/2012/sep/09/ventura-hotel-re-emphasizes-safety-policies-fall/#ixzz264jtAdSi – vcstar.com

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Hospitality Industry Crime Risks: California Hotels Victimized By Armed Robbery Suspects Who Would "Climb Over Front Counter And Steal Cash Drawer"

“…Surveillance video caught a recent hotel robbery…a suspect, with a handgun, climbs over the counter and steals the cash drawer.  In other cases, the crime turns violent…one hotel worker was punched in the face…”

Five suspects are in custody inNorthern California for crimes that may be tied to a string of robberies in theCentral Valley.  Two suspects are adults, three are juveniles.  Jamaul and Justina Baker, one 15-year-old and two 14-year-olds were arrested Wednesday night after allegedly robbing a hotel and convenience store inPlacerCounty.

Most of the victims up and down the state had similar stories.  A trio of masked robbers march into hotels and demand money.  Sometimes they become violent.  Eight hotels in the Central Valley and over a dozen in the state were hit.  Now the crime spree appears to be over.

In less than a week, robbers hit eight hotels and motels in the Central Valley:  Two in Fresno off the 99, then down the freeway to Selma and Kingsburg.  Over to the I-5, places in Coalinga, Firebaugh, Santa Nella and Patterson are robbed.

For more:  http://www.cbs47.tv/news/local/story/Hotel-robbery-suspects-caught/ATAsl2HFE0O57_ClJj62Ag.cspx

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Filed under Crime, Injuries, Labor Issues, Management And Ownership, Risk Management, Theft

Hospitality Industry Legal Risks: Georgia Restaurant Group Settles Alcohol-Related "Wrongful Death Lawsuit" For $1.1 Million; "Post-Shift Drinking By Employees Is Rampant In Restaurant Industry"

 “It is rampant in the restaurant industry…it is a
culture of post-shift drinking, and in some restaurants, drinking during the
shift. It’s almost like a fringe benefit in some high-end restaurants, this
tradition of drinking after work.”

Husk’s owner, Marietta, Ga.-based Neighborhood Dining Group Inc., and its insurer agreed last month to settle the suit for $1.1 million. The company denied fault or liability.

The fiery crash and lawsuit also have put restaurants across the USA on notice that a tradition at many restaurants — in which employees share a drink after work in a spirit of camaraderie — can have devastating consequences.

The 4 a.m. crash occurred last December, when Adam Burnell, 32, an assistant manager and sommelier at Charleston’s Husk restaurant, allegedly drove his Audi into the back of a Mustang driven by Quentin Miller, 32. The crash slammed Miller’s car into a concrete wall; it erupted in flames, trapping him inside. He died at the scene. Burnell, who prosecutors said had a blood-alcohol level of 0.24%, three times the legal limit, was charged with felony driving under the influence.

Miller’s family filed a wrongful-death lawsuit, alleging that Husk allowed Burnell to drink to excess on its premises after hours and then drive drunk. It was a stumble for a restaurant that was named “Best New Restaurant in America” by Bon Appetit magazine months earlier. Husk also was ranked one of the “101 Best Places to Eat in the World” by Newsweek magazine last month.

Burnell, who sustained minor injuries and is awaiting trial, was not named as a defendant.

Neighborhood Dining Group already had a policy that prohibits employees of its four restaurants — three in Charleston and one in Atlanta — from drinking on the premises, President David Howard says.

For more:  http://www.usatoday.com/news/nation/story/2012-09-04/restaurants-drinking-lawsuit-crash-south-carolina/57586486/1

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Filed under Claims, Crime, Guest Issues, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Training

Hospitality Industry Health Risks: New York Hotel Evacuated And Guests Taken To Hospital After "Potent Chlorine Fumes" Accidentally Released

“…A lifeguard who was mixing chemicals at an Upper East Side hotel pool accidentally unleashed potent chlorine fumes that forced  a partial evacuation of the building and injured five Wednesday…Four people were taken to New York Hospital and a  firefighter was rushed to Lenox Hill Hospital with chlorine inhalation after the 8 a.m. incident…”

All were in stable condition after the release, which forced hotel staff to  clear the lobby and lower level, according to Bill Pierce, the hotel’s director  of sales. FDNY Deputy Chief Dan Donoghue said the fumes came from the basement where a  lifeguard was mixing chemicals.

“The chemicals were stronger than the lifeguard thought,” Donoghue said.  “There was a reaction and basically we have a heavy odor of chlorine.”

One of the victims was the lifeguard, according to the FDNY official.

Read more: http://www.dnainfo.com/new-york/20120829/upper-east-side/marriott-hotels-pool-chlorine-sickens-four-people-officials-say#ixzz252RncMin

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