Category Archives: Injuries

Hospitality Industry Safety Risks: Multistory Hotels Face Increased Fire Risk From "Elevator Lift Shafts" That Provide "Ready Pathway For Toxic Smoke And Fire" To Travel Upwards

“…lift shafts provide a ready pathway for smoke and fire to travel upwards in multi-storey buildings.  Buoyant fire gases in a lift shaft can quickly fill upper floors, and there is much evidence to suggest that the majority of fatalities in such fires occur on higher floors significantly removed from the seat of the fire…”

Fires involving lift shafts pose particular risk in hotels where there can be large numbers of people, some of whom may be elderly or infirm, and in an unfamiliar place.  In 2007 alone, it’s estimated that one in 12 hotels and motels in the USA suffered a structural fire. 

That was certainly true in 1980 MGM Grand Hotel fire in Las Vegas which claimed 84 lives, the worst disaster in Nevada history.  In that incident, while the fire primarily only damaged the second floor, most of the deaths occurred on the upper floors, with elevator shafts and stairwells allowing toxic smoke to spread upwards.

It’s hard to overestimate the impact this fire had on both our understanding of vertical fire movement and on the building regulations to mitigate against fire risk.  The fire in a garment factory in a tall building claimed 146 lives, and directly led to new laws on building access and egress, fire proofing requirements, the availability of fire extinguishers, the installation of alarm systems and automatic sprinklers.

Under current fire safety legislation it is the responsibility of the person(s) having responsibility for the building to provide a fire safety risk assessment that includes an emergency evacuation plan for all people likely to be in the premises, including disabled people, and how that plan will be implemented. Such an evacuation plan should not rely upon the intervention of the Fire and Rescue Service to make it work.

For more:  http://www.glassonweb.com/news/index/16822/

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Filed under Fire, Guest Issues, Health, Injuries, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Safety Risks: Hotel And Resort Pool Drain Covers Must Comply With Federal Laws (Video)

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Filed under Guest Issues, Injuries, Insurance, Legislation, Liability, Maintenance, Management And Ownership, Pool And Spa

Hospitality Industry Legal Risks: Wisconsin Restaurant Owners Sued For $550,000 For "Negligence" In Alcohol-Related Shooting Death Of Patron

“… the defendants (are accused) of violating the Illinois Wrongful Death Act… were negligent for failing to take reasonable actions to protect customers, allowing a patron with weapons to be on the premises and allowing people inside the restaurant who were “quarrelsome, disorderly, hostile and vicious.”

The family says they have lost their means of support while also suffering a loss of society, consortium, guidance and companionship. The Ortizes ask to be awarded more than $550,000 in damages plus courts costs.

A Pontoon Beach restaurant is accused of causing the death of a Granite City man who was shot and killed there last year. Brenda Ortiz, as special administrator of the estate of Jesus Ortiz-Flores, and Luis F. Ortiz filed a lawsuit Aug. 15 in Madison County Circuit Court against La Mexicana Inc., also known as La Mexicana Restaurant Inc., Orlando Gudino, Berzain Gudino and Oscar Guidno. Choteau Properties Inc. is also listed as a defendant.

The 37-page lawsuit stems from a shooting that happened at La Mexicana on Chouteau Trace Parkway in Pontoon Beach on August 19, 2011, the suit states. According to statements made by police to media immediately following the incident, Jesus Ortiz-Flores, 20, was shot once in the head in the parking lot of the La Mexicaca restaurant and died immediately. Plaintiff Luis Ortiz, who was 18 at the time, was allegedly shot multiple times during the incident but survived.

Brenda Ortiz and Luis Ortiz accuse La Mexicana restauraunt, the owners and managers and Choteau Properties, the owner of the building, of directly contributing to the shootings. The Ortizes contend the restaurant served alcohol to the alleged shooter, Fernando Gallegos, 17, allowing him to become intoxicated and then attack Ortiz-Flores, causing his death. They say the defendants’ actions constitute a violation of the Illinois Dram Shop Act.

For more:  http://www.madisonrecord.com/news/246266-la-mexicana-restaurant-in-pontoon-beach-sued-over-shooting-death

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Filed under Crime, Injuries, Insurance, Liability, Management And Ownership

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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Filed under Health, Injuries, Labor Issues, Legislation, Liability, Management And Ownership, Risk Management, Training

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

Hospitality Industry Property Risks: Michigan Restaurant "Grease Fire" Spreads Through Vent To Roof, Damaging Building And Other Businesses

“…a vent behind the restaurant was fully engulfed in fire…It went from smelling smoke to the roof being engulfed in flames…”  

A grease fire that started in Hunan House Chinese restaurant destroyed the building and several others in the same strip mall Monday afternoon. There was heavy smoke and visible flames when fire crews arrived on the scene. The roof on Hunan House collapsed shortly after.  Firefighters spent several hours battling the blaze, which also spread to other businesses including Central Barbershop and MetroPCS.

The Central Barbershop owner, Jon Dancer, told The Morning Sun that he was in mid-haircut when his business started smelling like smoke. Ali L. Bazzi said he closed the cellphone store quickly and went outside, where he watched the fire “spread like crazy.”

For more: http://www.mlive.com/news/saginaw/index.ssf/2012/08/grease_fire_that_started_in_mo.html

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

Hospitality Industry Legal Risks: South Carolina Restaurant Group Pays $1.1 Million To Settle "Alcohol-Related Death" Lawsuit Caused By Assistant Manager

“…the 32-year-old (defendant) has just left his job as an assistant manager at Husk restaurant last December when he rear-ended a car being driven by 32-year-old Quentin Miller on the Ravenel Bridge. Miller died in the fiery wreck, and police say Burnell’s blood-alcohol level was 0.24 percent…”

The parent company of a Charleston restaurant will pay $1.1 million to the family of a man killed in a drunken driving crash that authorities say was caused by one of the restaurant’s employees.

The Post and Courier of Charleston reports the settlement calls for Miller’s parents to get $518,000, Miller’s common-law wife to get $91,500 and the remaining $490,000 to go to attorneys’ fees and costs. The settlement should be finalized at a hearing later this week.

Read more here: http://www.charlotteobserver.com/2012/08/05/3432731/charleston-restaurant-to-pay-1m.html#storylink=cpy

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

Hospitality Industry Legal Risks: Texas Motel Sued By Maid Injured After Slipping Near Leaky Faucet In Break Room

She was walking near the break room area when she slipped and fell in water that had been leaking from a faulty sink…The plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain and lost wages, plus all court costs.

Alleging a company failed to post a warning sign of a known danger, a maid is suing the owners of a Super 8 Motel, claiming a leaky faucet near the break room caused her to slip and fall two years ago. Port Arthur local Gricelda Gutierrez filed suit against Triangle Hospitality Inc. on July 27 in Jefferson County District Court.

According to the lawsuit, on July 27, 2010, Gutierrez was working at Triangle Hospitality’s Super 8 Motel in Port Arthur as a housekeeper. Gutierrez claims she was injured in the fall, although the suit fails to state her alleged injuries.

She accuses the defendant of negligently failing to provide her with a safe work area, alleging that the company knew of the leaky facet and did nothing to remedy the unsafe working conditions.

The suit states the defendant failed to post a warning sign of a known danger.

For more: http://www.setexasrecord.com/news/245756-leaky-sink-causes-maid-to-slip-motel-sued-for-not-posting-warning-sign-of-known-danger

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

Hospitality Industry Legal Risks: Chicago Hotel And Restaurant Sued For $500,000 In Wrongful Death Lawsuit

“…The 10-count lawsuit, which seeks more than $500,000 in compensation for Duskey’s wrongful death, names Hilton Worldwide, the Palmer House Hilton, Surreal Chicago and Adrenaline Y2K as the party hosts…Megan Duskey fell four floors to her death after she tried to slide down a railing at the Palmer House Hilton…”

The parents of a former Crete woman who fell to her death at a “Haunted Hotel Ball” at the Palmer House Hilton in Chicago in 2010 are suing the hotel and the event hosts. James and Deborah Duskey claim in a lawsuit filed Tuesday in Cook County Circuit Court that the death of their daughter Megan at the Halloween-themed ball was due to the negligence of the hotel and the event companies who hosted the party.

The lawsuit claims the hotel and event hosts allowed people at the ball to “consume unlimited amounts of alcoholic beverages” after they paid for a ticket and failed to provide security to protect the patrons of the ball.

For more:  http://southtownstar.suntimes.com/news/13998052-418/lawsuit-former-crete-womans-fatal-fall-due-to-negligence.html

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

Hospitality Industry Safety Risks: Illinois Hotel Sued For Negligence By Man In "Slip And Fall" Accident; Claims Permanent Injuries

“…(hotel  is accused) of negligence for allegedly failing to keep the hotel lobby floor clean and dry. He says he has suffered — and will continue to suffer — physical and mental pain and anguish. Cattani is asking for an undetermined amount of money for medical expenses and lost income in addition to court costs…”

A Collinsville man claims the “carelessness” of owners and managers of a local hotel led him to slip and fall in the lobby. Bobby Cattani filed a lawsuit July 10 in Madison County Circuit Court against Lodging Hospitality Management, doing business as Doubletree Hotel. Hotel owner, Colhot LLC, is also named as a defendant.

Just after 11 p.m. on Aug. 2, 2010, Cattani says he slipped and fell on a “liquid substance that had accumulated on the floor” of the Doubletree Hotel on Eastport Plaza Drive. He says he severely and permanently injured numerous parts of his body along with his nervous system.

For more:  http://www.madisonrecord.com/news/245567-doubletree-hotel-in-collinsville-sued-over-mans-lobby-slip-and-fall

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