Category Archives: Injuries

Hospitality Industry Guest Health Risks: Indiana Hotel Water Softener Malfunctions Producing "Chlorine-Like Smell" That Sickens Two Guests And Results In Fire Dept Hazardous Materials Teams Being Dispatched

 “… the water softener (which covers the entire building) was malfunctioning due to the high-pitch noise it was making… it was clogged, and instead of pushing its collections out as it’s supposed to do, it was sending them back into the system, producing the odd smell (similar to chlorine)…”

The Indianapolis Fire Department’s Hazardous Materials Team was dispatched to a Far-Southside hotel to investigate a possible chemical spill Saturday after two hotel occupants complained of difficulty breathing.

One person was transported to Community Hospital South, and a hotel worker was checked at the scene.

Rescuers were called to the Holiday Inn Express, 5151 S. East Street, at 2:25 p.m. after a guest told hotel workers there was a smell similar to chlorine coming out of the faucet. Based on that information, the call was upgraded because a chemical spill was suspected.

For more:  http://www.indystar.com/article/20120108/LOCAL/201080373/Hazmat-team-called-check-odor-Holiday-Inn-Express-Far-Southside?odyssey=tab%7Ctopnews%7Ctext%7CIndyStar.com

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

Hospitality Industry Legal Risks: Pennsylvania Hotel Owner Settles "Wrongful Death" Lawsuit For Over $250,000 Of Man Who Was Trapped By "Suction Of The Pool Drain"

“…Mr. Williams’ widow… sued the club and its owner, Daniel Griffin, along with Elmhurst Corp., the hotel owner, claiming her husband became trapped in the suction of the pool drain…”

The settlement is confidential and lawyers would not discuss it, although court filings indicate that Mr. Williams’ daughter in Buffalo, N.Y., received $264,000, which represents part of the settlement.

A wrongful death suit against a Downtown hotel and a defunct athletic club involving the drowning of a Penn Hills man in 2009 has been settled for an undisclosed amount. Lorenzo Williams, 38, drowned on April 11, 2009, in the pool at the former Downtown Athletic Club adjacent to the Doubletree City Center.

Ms. Williams said Mr. Griffin, who rented the space for the club from the hotel, was negligent in not making sure the pool was safe by installing a drain cover as required by federal law.

The club closed in May 2009 after its lease expired.

The crux of the case was the Virginia Graeme Baker Pool and Spa Safety Act, a federal law passed in 2007 requiring all pools and spas to have special drain covers to keep children from getting trapped.

The law was created after Virginia Baker, the 8-year-old granddaughter of former Secretary of State James Baker III, drowned in 2002 after being trapped by a hot tub drain.

Read more: http://www.post-gazette.com/pg/12007/1202018-53.stm#ixzz1imyIW57P

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

Hospitality Industry Guest Safety Risks: Small Boy Drowns In A Michigan Hotel Hot Tub; Father Had Left Child In Care Of 14-Year Old

“… a 3-year-old boy, who was with his father and several other children in the pool and hot tub area,  drowned…he was sitting on the ledge of the hot tub, when the father went back up to the room to retrieve something…”

“… a 14-year-old friend of the family was put in charge of watching the children…”

Soon after the father went back to the room, the children decided to get into the pool and lost track of the 3-year-old, according to Southfield Police Lt. Nick Loussia.

“Nobody saw the 3-year-old fall in,” Loussia said. “When the father came back, he saw the kids in the pool, looked in the hot tub and saw the 3-year-old in the hot tub.”

The father pulled the boy out and began performing CPR while hotel staff called 911. Paramedics and police responded to the scene and transported the boy to Beaumont Hospital in Royal Oak, where he was pronounced dead.

For more:  http://www.theoaklandpress.com/articles/2012/01/05/news/local_news/doc4f05e52249ad0488717383.txt

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Filed under Guest Issues, Injuries, Insurance, Management And Ownership, Pool And Spa, Risk Management

Hospitality Industry Property Risks: Wisconsin Hotel Guests Hospitalized From "Carbon Monoxide Leak" As Swimming Pool Heating System Malfunctions

“…carbon monoxide levels of 800 parts per million were detected in the swimming pool area and 957 parts per million in a mechanical room where a heating system apparently malfunctioned, causing the leak…”

“…Levels of 9 parts per million usually will prompt officials to evacuate a building…”

As many as 16 people at a hotel near Lambeau Field were hospitalized Friday night after becoming ill from an apparent carbon monoxide leak, officials said. Battalion Chief Ed Jarosz of the Green Bay Fire Department said at least two of the victims were children who became ill in the swimming pool area at the Hilton Garden Inn, 1015 Lombardi Ave.

Two children were transported by ambulance, and 14 others were taken to a hospital by private vehicles, Jarosz said.

Children had been playing in the swimming pool area about 45 minutes before they began feeling sick, he said.

For more:  http://www.greenbaypressgazette.com/article/20120101/GPG0101/201010565/Carbon-monoxide-leak-at-Hilton-Garden-Inn-in-Green-Bay-sends-16-to-hospital

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

Hospitality Industry Property Risks: Texas Hotel "Service Elevator" Malfunctions Resulting In Housekeeper's Fatal Six Story Fall

In Texas, licensed inspectors must check elevators annually. The service elevator at the Crockett Hotel was installed in 1981 and its last annual inspection was in December 2010, according to the most recent records on file with the licensing department. Elevator inspector William McPherson did not note any concerns in his report.

In a 2008 inspection report, McPherson wrote that the service elevator needed a door restrictor — a device that prevents elevator doors opening when an elevator is stuck between floors. It prevents occupants from falling out of the elevator down the shaft, and from being injured if the elevator moves while they try to climb out.

The state’s chief elevator inspector will investigate a fatal incident at the Crockett Hotel, where a housekeeper fell six stories down the shaft of a service elevator Wednesday evening.

Brendel said the elevator was regularly maintained and inspected. He told police that the hotel “had been having problems with the elevators,” but they had been serviced and were working properly, according to a San Antonio police report.

The death stunned Rodriguez’s family, who described her as a warm, kind-hearted woman. She left behind four children, 10 grandchildren, and two great-grandchildren.

Family members say they have not received any explanation from hotel management about the cause of the death. Gloria Rodriguez’s daughter, Sara Ochoa, said the elevator had frozen with an employee inside it a few days ago, and it had gotten stuck in the past.

Lawrence Taylor, chief inspector for the Texas Department of Licensing and Regulation, which oversees elevator safety, was traveling to San Antonio on Thursday to investigate, department spokeswoman Susan Stanford said.

The Occupational Safety and Health Administration, a federal agency that enforces safety standards for workers, also is investigating the incident.

Brendel said he couldn’t remember if the restrictor had been installed. But in a 2009 letter sent to state officials, he wrote that the hotel was planning to install one. More recent inspection reports did not find any problems regarding the door restrictor.

Read more: http://www.mysanantonio.com/news/local_news/article/Cause-unclear-in-death-at-hotel-2431280.php#ixzz1i1f7zxA3

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

Hospitality Industry Liability Risks: Hawaii Hotel Is Found "Liable" In "Slip-And-Fall Accident" As State Supreme Court Rules "Known Or Obvious Danger" Defense Not Viable

“…Michele R. Steigman sought to recover damages after suffering a slip-and-fall accident while she was a guest of Outrigger Enterprises’ Ohana Surf Hotel….The case went to trial, and a jury found that Outrigger was not negligent…”

“… in Hawaii, the known or obvious danger defense is no longer viable as a complete bar to an injured plaintiff’s claim in the context of premises liability.”

The Hawaii Supreme Court has ruled the “known or obvious danger” defense is no longer viable under state law as a complete bar to an injured plaintiff’s premises liability claim. Steigman’s appeal to the Intermediate Court of Appeals resulted in an affirmation of the trial court’s final judgment.

Steigman’s attorneys argued that the ruling goes against a comparative negligence law passed by Hawaii’s legislature in 1969 and modified several times.

The statue states: “Contributory negligence shall not bar recovery in any action by any person or the person’s legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the negligence of the person or in the case of more than one person, the aggregate negligence of such persons against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made.”

Therefore the court ruled the traditional “known and obvious danger defense” conflicts with that statute.

“Steigman contends that the traditional known or obvious danger defense conflicts with the Legislature’s intent behind the comparative negligence statute. We agree,” the court stated in its ruling.

For more:  http://www.insurancejournal.com/news/west/2011/12/27/228806.htm

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

Hospitality Industry Employee Risks: "Introduction To California's Workers' Compensation System" (Video)

[youtube=http://www.youtube.com/watch?v=2udxkhH24Cc]

Learning the rights of an injured worker under California’s workers’ compensation system. This video follows several workers’ compensation case scenarios and provides basic information and resources for obtaining further assistance and/or information.

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

Hospitality Industry Alcohol Risks: Hotels And Restaurants Hosting "Office Parties And Charity Events" Need To Insure Against "Liquor Liability"

“…office parties and charity events…can provide opportunities for professionals to mingle casually with their co-workers and clients and can help boost employee morale…(but) they can also prove to be a liability for businesses that serve alcohol…”

“…when business owners host a holiday party and serve alcohol as part of the festivities, liquor liability would most likely be covered by their commercial general liability (CGL) policy…”

 “…In addition to a CGL policy, businesses should also consider purchasing an Employment Practices Liability Insurance (EPLI) policy. An EPLI policy will protect a business from discrimination, sexual harassment, emotional distress, and other workplace-related issues…”

  • Forty-four states plus the District of Columbia have enacted liquor liability laws
  • These laws make it possible for a plaintiff to hold those who serve alcohol to an intoxicated or underage person responsible for any damage or injury caused by these same individuals after they leave the party
  • Most of these laws also offer an injured person, such as the victim of a drunk driver, a method to sue the person who served the alcohol
  • There are circumstances under these same state laws where criminal charges may also apply
  • Liquor liability laws were intended originally to apply to taverns, bars, and other establishments selling and serving alcohol

However, the liability laws have expanded over time to include “social hosts” (such as those holding a holiday party in their home or business) in some states giving them some exposure to the risk of liability for serving alcohol.

“If you are throwing an office party where alcohol is served, you have a responsibility to make sure that your employees are capable of driving safely.”

For more:  http://insurancenewsnet.com/article.aspx?id=319206

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Hospitality Industry Guest Safety: New York Hotel Elevator Malfunctions "Killing Hotel Guest" Hours After "Electrical Maintenance Repairs"

“…Electrical maintenance work was being performed on an elevator just hours before it malfunctioned, killing an advertising executive in Midtown…”

Photo by Hiroko Masuike/The New York Times

“…The last fatal elevator accident in the city also involved Transel: Robert Melito, 44, a technician for the company, was servicing an elevator on the 10th floor of a building at 230 West 38th Street on Sept. 23 when he fell to his death…”

Suzanne Hart, 41, was crushed to death on Wednesday morning after the elevator she was stepping into lurched upward, pinning her between the outside of the car and the wall of the elevator shaft.

Mr. Sclafani said the department would be conducting citywide sweeps of elevators maintained by Transel Elevator Inc., the company that serviced the elevators at 285 Madison Avenue, where the accident occurred.

The company maintains elevators at nearly a dozen prominent buildings in the city, according to Transel’s Web site, including the Graybar Building, the BMW Building and the Hippodrome Building. Additional clients listed on the Web site include Carnegie Hall and the Plaza Hotel.

For more:  http://www.nytimes.com/2011/12/16/nyregion/elevator-that-killed-yr-executive-was-undergoing-maintenance-city-says.html?_r=1

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Hospitality Industry Guest Safety: Hotels And Resorts Face Lawsuits Over Severe Burns To Children From Guest Room "Glass Fireplaces"; Glass Can Reach Temperatures Of 400 Degrees

“…more than 2,000 children ages 5 and younger have suffered burns from fireplace glass since 1999, according to a federal estimate. Some burn specialists think the actual toll is higher…”

“…(one) lawsuit, filed this June in federal court in Denver, seeks damages from several fireplace companies along with operators of the resort. They knew “these fireplaces would be installed at heights for which the decorative glass front was perfectly suited to contact by infants and small children,” the lawsuit states, yet “took no steps to guard against direct contact with the super-heated glass or to meaningfully warn about the extreme…burn potential.”

Citing the “extreme risk of injury,” the American Burn Association, representing burn surgeons, nurses and therapists, last week became the latest to call for adoption of a mandatory safety standard. It joins such groups as Consumers Union and the Consumer Federation of America.

The glass commonly reaches temperatures of 400 degrees, as hot as an oven on broil, and is usually placed at a perfect height for curious toddlers to touch or fall into. These encounters can easily result in skin graft surgery and painful recovery, with medical costs in the six figures. One safety expert called it an “insidious and unappreciated hazard.”

Consumer groups and anguished parents are urging the Consumer Product Safety Commission to impose federal safety regulations. But the fireplace industry, which up to now has policed itself, is resisting. To head off federal regulation and more lawsuits from families of burned kids, manufacturers are working on a revision to their current voluntary standard that will be taken up by an industry technical panel on Dec. 13.

For more:  http://www.tucsonsentinel.com/nationworld/report/121211_fireplace_burns_regs/fireplace-industry-resists-regulation-over-child-burns/

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