Category Archives: Injuries

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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Filed under Claims, Guest Issues, Health, Injuries, Liability, Management And Ownership

Hospitality Industry Employee Risks: Illinois Restaurant Sued For $50,000 By Guest Claiming "Battery And Negligence" After Employee Assault

“…(restaurant employee) came from behind  the pick-up counter to attack Shears, “violently pushing her the glass front  door causing the glass door to shatter” and severely injure Shears’ leg,  according to the suit…Shears is suing (employee) and the restaurant for battery and negligent and  intentional infliction of emotional distress…”

A woman is suing a Chicago restaurant and its employee for  $50,000 after she claims she was violently thrown through a glass door for  requesting extra packets of sauce.

A lawsuit filed this week in Cook County Court states the incident happened  after Chicago resident Tiawanda Shears placed a to-go order at the New China Wok  Limited, at 752 W. Garfield Blvd., on May 14. 

After receiving her food, Shears noticed the order contained  only one sauce packet and “politely” asked employee Hui Tian Wu for more sauce,  according to the lawsuit.

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

Hospitality Industry Safety Risks: Virginia Hotel Sued For $250,000 By Guest Who Fell Down Stairwell During Power Outage; No Emergency Lights Above Door To Stairwell

“…(the plaintiff) unknowingly stepped into a stairwell and fell 14 steps, according to the suit. It states there were no emergency lights above the door to the stairwell or on the stairwell itself. Christians claims he received permanent injuries, and continues to have physical pain, mental anguish and lost wages…”

A Loudoun County man is suing The Homestead in Hot Springs after falling down a flight of stairs during a power outage at the luxury hotel and spa. Allan Christian, of 20934 Winola Terrace, Ashburn, filed the $250,000 lawsuit Monday in U.S. District Court, according to online court records.

He was in one of the hotels’ restaurants at about 9 p.m. June 19, 2010 when the lights went out, leaving it “pitch black,” according to the complaint. Resort staff told Christian and other guests the lights would be on again soon, and served food to them, the complaint states. However, candles and flashlights weren’t handed out or placed in areas where people may need to walk, it states.

About 40 minutes after the power went out, Christian got up to move in the direction of the bathroom, and used “the furniture and staff to guide his movement,” the lawsuit states.

For more:  http://www.nvdaily.com/news/2012/06/northern-virginia-man-sues-luxury-resort.php

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

Hospitality Industry Property Risks: New York Hotel Electrical Transformer Explodes Causing Power Outage; Two Guests Injured, Hotel Partly Evacuated

All hotel guests were not required to evacuate, but  the incident did cause a headache for some of the 3,000 guests staying there, especially due to the power outage. Some guests on upper floors chose to exit the building and had to walk down several flights of stairs.

On Wednesday afternoon, guests at the New York Hilton Hotel got an unexpected jolt as a transformer exploded in the electrical room. The explosion in the Midtown Manhattan hotel caused electricity to go out and injured two people.

Firefighters arrived at the scene around 1p.m. to find smoky conditions, injured workers, and people trapped in elevators.  Several took to the basement to put out the basement electrical fire.

Two workers were injured as they got caught in the blast while tending to an electrical panel in the basement. One man suffered from a head injury and was treated at the scene. The other was taken to NY Presbyterian-Weill Cornell Medical Center and treated for minor burns on his hands, the New York Daily News reported.

For more:  http://www.travelerstoday.com/articles/1930/20120614/electrical-explosion-nyc-hotel-knocks-out-power.htm

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

Hospitality Industry Property Risks: Hawaii Hotel Tree Trimmer Dies After Falling Forty Feet To Pool Deck; Fourth Tree Care Worker To Die In 18 Months

“…the tree trimmer died after falling about 40 feet during work at a Waikiki  resort…he landed on the pool  deck at the Hilton Hawaiian Village…”

Barcelona was the fourth tree trimmer to die in the state since January 2011.  Five died between November 2009 and November 2011, and three between January  2011 and July 2011…according to the state Department of  Labor and Industrial Relations.

The Hawaii Occupational Safety and Health Division will investigate the  death, which the medical examiner’s office said was an accident. Police do not  suspect foul play.

In response to the spate of deaths, the state and the Aloha Arborists  Association held a series of tree care safety workshops on Oahu, the Big Island  and Maui, Kunstman said.

In November, the state recommended penalties of $10,000 for a Maui  landscaping company after an investigation found one of the company’s tree  trimmers fell to his death from a coconut tree while using a rusty line patched  with duct tape. In September, a 71-year-old tree trimmer died after a coconut  tree fell on him in Kailua.

The Kailua company’s owner, Wesley Jay, didn’t immediately respond to a  request for comment. Stasia Barcelona said her son looked up to his boss, who  was very cautious, and dreamed of someday taking over the business.

According to the state Department of Commerce and Consumer Affairs, the  company has a valid license in good standing. The hotel extended their  condolences to the family in a statement.

Read more:  http://www.vcstar.com/news/2012/jun/12/trimmer-dies-after-fall-from-tree-at-waikiki/#ixzz1xgScV88n – vcstar.com

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

Hospitality Industry Legal Risks: Texas Hotel Still Replacing Glass Panels One-Year After Falling Glass Injured Guests In Pool; "Negligence Lawsuit" Still Pending

“…they have been traumatized by the incident and seek recovery for damages, assert negligence on the part of the hotel, and ask for reasonable compensation for their pain, disfigurement, loss of earnings, loss of earning capacity, physical impairment, medical care and expenses and mental anguish…”

Crews are currently still replacing the more than 1,000 glass panels on the hotel.

Two people who were in the swimming pool at the W Hotel on June 10 when panels of glass fell from the building, shattered and then rained down on them have  filed a lawsuit against the W and Starwood Hotels and Resorts. Susan Davis and Prashanth Magadi  filed the complaint , represented by attorney Sean Breen, in Travis District Court. The two were injured and are still removing glass from their bodies when they filed the lawsuit in late June 2011. Davis said she still doesn’t know the extent of her injuries yet but remembers clearly that day at the pool on June 10.

The plaintiffs are asking that safety measures be put in place to prevent more falling glass, along with asking that covered walkways be built at the affected parts of the building.

The lawsuit alleges that the hotel had been warned of the problem before the June 10 incident, but failed to respond. In May, a similar incident happened at a  W Hotel in Atlanta where two women fell out of the hotel when glass failed and fell out of their hotel room, according to the lawsuit.

The lawsuit was filed the day after a second incident of falling glass happened at the W,  when three panels fell to the street below on June 27. No one was injured, though cars were damaged.

For more:  http://www.kxan.com/dpp/news/local/austin/one-year-later-few-answers-at-w-hotel

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

Hospitality Industry Legal Risks: Missouri-Based Restaurant Chain Settles $10 Million "Drunk Driving Lawsuit" Brought By Family Of Brain-Damaged Boy

The parents of Abdallah Khader, now 6, sought $10 million from Kansas City, Mo.-based Applebee’s in a civil lawsuit…Abdallah Khader suffered damage to 80% of his brain in the crash, and his family incurred massive medical expenses. Their lawsuit asked for $10 million to cover round-the-clock medical care along with lost future earnings, mental anguish, and pain and suffering — all typical damages in a personal-injury case.

The Khaders’ lawsuit accused workers at a Mansfield, Texas, Applebee’s of serving a man 23 drinks in less than two hours, leading him to drive drunk and crash into the Khaders’ car. A law firm’s investigation was key to the Applebee’s settlement, the family’s lawyer said.

The firm’s investigation dug up the alleged drunken driver’s Applebee’s receipts, which showed he paid for nearly two dozen drinks in a two-hour span. Police determined the driver’s blood-alcohol level was more than three times Texas’ legal limit, which is 0.08%.

The Khaders sued Applebee’s and the drunken driver, a repeat DWI offender who also faces criminal charges related to the crash. The driver’s criminal trial is pending, KTVT reports.

For more:  http://www.reuters.com/article/2012/05/31/tablogsfindlawcom2012-injured-idUS369201020620120531

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

Hospitality Industry Legal Risks: Widow Sues Missouri Sports Bar For "Wrongful Death And Negligence" After Party Tent Collapsed During High Winds

The lawsuit claims the bar was  negligent in failing to properly inspect the tent and by allowing customers  underneath it, even as weather forecasts warned of dangerous conditions…Kilroy’s had obtained a city permit for the tent April 11. But city officials  noted that their inspectors have no way to test a tent for structural strength  to make sure it can withstand 90 mph winds, an industry standard cited in the  local ordinance.

The wife of a man killed in the April 28 storm accident at Kilroy’s Sports Bar has filed a wrongful death suit against the pub and the company that  leased and installed the tent that collapsed on more than  100 patrons. Alfred Goodman, 58, of Waterloo, suffered head and neck injuries when  heavy wind gusts — estimated at up to 50 mph — lifted a party tent at the bar  from its moorings and pushed it and its heavy metal posts against a railroad  trestle.

Goodman was pronounced dead at St. Louis University Hospital. Another 16  people went to the hospital, and about 100 total were treated on the scene, for  a range of injuries.

Read more: http://www.stltoday.com/news/local/crime-and-courts/lawsuit-filed-by-widow-of-man-killed-in-st-louis/article_1a4c7cce-abfb-11e1-9dc8-001a4bcf6878.html#ixzz1we8mnojm

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

Hospitality Industry Security Risks: Alabama Hotel Security Guard Arrested On Murder Charges After Shooting Man

Police later learned (victim) and the suspect, a security guard at the hotel, had gotten into a verbal altercation with the victim prior to the shooting.

A 24-year-old security guard has been arrested and charged with murder in connection with a late night shooting at a Birmingham extended-stay hotel. When officers arrived they found a male suffering from multiple gunshot wounds in the parking lot of the facility. A 24-year-old female was also located by officers and had been shot in the leg. She was identified by police as being the girlfriend of the male. Her injury is non-life threatening.

Birmingham Fire and Rescue arrived to the scene and pronounced the man dead on the scene. He is identified as 27-year-old David Winston of Birmingham.

The guard, 24-year-old Pierre Myles of Bessemer has been arrested. A Murder warrant with a $75,000 bond, as well as an Assault warrant with a $15,000 bond has been obtained against Myles. He is being held in the Jefferson County Jail.

For more:  http://www.abc3340.com/story/18632202/hotel-security-officer-arrested-in-connection-with-friday-shooting

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

Hospitality Industry Restaurant Safety: California Restaurant Playground Areas Face New "Sanitation And Safety Requirements Under State Assembly Bill; Must Post Inspection And Cleaning Plans

Under the bill, sponsored by Democrat Michael Allen of Santa Rosa, restaurants would be required to post signs informing customers that food is not allowed on play structures and to provide adults who ask copies of their playground inspection and cleaning plans.

Fast-food restaurants in California could face new sanitation and safety requirements for the playgrounds they install to attract children. The Assembly on Monday approved a bill that would expand food safety laws to cover the indoor and outdoor playgrounds.

Allen says the bill was promoted by research showing that restaurant playgrounds can be breeding grounds for illness-causing bacteria and are not always well-maintained.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2012/05/14/state/n151405D10.DTL#ixzz1ux75aeHF

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