Category Archives: Injuries
“2014 Hospitality Law Conference” Sponsored By HospitalityLawyer.com On February 10-12 Features Industry Legal, Safety And Security Solutions
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P3 Hospitality Industry Risk Report: “Hospitality Hoaxes And Scams†By Petra Risk Solutions’ Director Of Risk Management Todd Seiders, CLSD
[vimeo http://vimeo.com/52048409]
Petra Risk Solutions’ Director Of Risk Management, Todd Seiders, CLSD , offers a P3 Hospitality Risk Update – ‘Hospitality Hoaxes And Scams’.
P3 (Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.
For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.
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Hospitality Industry Safety Risks: Texas Hotel Faces “Wrongful Death & Gross Negligence Lawsuit” After Electrocution Of Young Boy; Pool Light System Did Not Have GFCI, Meet Electrical Codes
“…An investigation after the electrocution death found that the pool “did not meet applicable city, state and national electrical codes†
and did not have Ground Fault Circuit Interrupters (GFCI) on the pool light system which are normal installations in pool construction to prevent electrical surges…Brown Electric Inc., had been hired by Hilton to bring the pool into compliance but, according to a city of Houston inspector, had performed work without obtaining the proper permits. After the death Hilton and Brown were cited for “use of electrical system which constitutes a hazard to safety, health and public welfare. ”
In a lawsuit filed Wednesday, a Missouri City family alleges “gross negligence of epic proportions†for the swimming pool electrocution death of a young man at a Hilton Hotel swimming pool. Raul Hernandez Martinez, 27, and his family spent the Labor Day weekend at the Hilton Houston Westchase hotel at 9999 Westheimer in West Houston.
They were at the swimming pool at dusk when the lights came on automatically. Eyewitness accounts, and now a civil lawsuit, detail how an electrical current immediately surged through the water. David Duran, 11, “suddenly cried out as his body convulsed and he began to float helplessly near the pool light in the deep end,†according to the lawsuit the family filed against Hilton Hotels and the Houston-area electrical contractor Brown Electric Inc., which had performed recent upgrades to the pool’s electrical system.
The boy’s mom Isabel Duran reached for her son and was shocked as well and knocked unconscious. She was revived via CPR and suffered several broken ribs when family members and bystanders dragged her from the pool. The boy’s brother, Raul Hernandez Martinez then fought through the electrical current to retrieve his little brother and push him to the edge of the pool where others helped pull him out.
For more:Â http://www.khou.com/news/local/Family-files-lawsuit-in-hotel-pool-electrocution-death-226219641.html
Hospitality Industry Safety Risks: Florida Hotel Group To Place “Lifeguards And Fences” At Pools During “All Open Hours”; Move Follows Death Of 13-Year Old Boy In March
“…Lifeguards will be on duty at all times while the pools are open…But guests will no longer be permitted to swim in the feature pools after 
hours. Disney plans to install fences around any of those pools that are not already gated, a process that will begin in the coming months as hotels roll through their regular renovation cycles…(the move follows) the death of 13-year-old Anthony Johnson, who was pulled from a pool at Disney’s Pop Century Resort at about 9:30 p.m. on March 10…(he) died two days later at Florida Hospital Celebration…”
Walt Disney World says it will begin stationing lifeguards at its largest hotel pools during all operating hours and then locking them down overnight, six months after a young boy drowned while a pool was unguarded. Disney says its largest and most popular “feature” pools will begin opening at either 7 a.m. or 9 a.m. and closing at 11 p.m.
Only smaller and unguarded “quiet” pools at some hotels will remain accessible at all hours. Disney has about two dozen hotels and time-share resorts across its sprawling property.
“These changes make it easier for guests to understand when our pools are open and when a lifeguard is present,” Disney World spokeswoman Bernadette Davis.
Disney would not say whether a specific event triggered the move. Though that pool was open from 7 a.m. until 11 pm., lifeguards were only on duty from 10 a.m. to 8 p.m. Disney said it had posted signs warning that guests who chose to swim while the pool was unguarded did so at their own risk.
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Hospitality Industry HazMat Risks: South Carolina Hotel Guests Evacuated, Hospitalized After Exposure To Pool Chemical Fumes; Employee Accidently Mixes Muriatic Acid And Chlorine
“…The area where the chemicals were mixed (was) isolated…one of the two chemicals was muriatic acid (and) the other chemical was 
chlorine (that) were mixed by an employee of the hotel by accident, creating the strong fumes that affected the employees and guests…One of the 12 transported by EMS was an employee of the hotel, but the other eleven were guests. An additional six people were treated at the hotel, but did not require further medical attention…”
The overnight nursing supervisor at Grand Strand Regional Medical Center confirmed all 14 patients who were being 
treated for respiratory issues following an accidental chemical mixture have been discharged from the hospital. Bob Derr, a Battalion Chief with the City of Myrtle Beach Fire Department confirmed the Hazmat situation was reported after two chemicals were mixed together in the pool maintenance area under the hotel the Landmark Resort at 1501 South Ocean Boulevard, affecting both guests and employees.
Twelve people have been taken to Grand Strand Regional Medical Center by EMS, and two more drove themselves. All 14 were presenting respiratory issues. Battalion Chief Derr suggested more guests could be transported if they started to show signs of respiratory distress.
Crews did not evacuate the hotel completely. The lower floors were cleared as a precaution.
For more:Â http://www.wistv.com/story/23509101/crews-respond-to
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Hospitality Industry Insurance Solutions: “Hospitality Workers’ Compensation Fundamentals” By Brad Durbin Of Petra Risk Solutions
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Hospitality Industry Safety Risks: Pennsylvania Restaurant Owner Faces “Wrongful Death Lawsuit”; Man Suffered Cuts, Cardiac Arrest After Falling Thru “Plate Glass Door”
“…The complaint claims that (the restaurant owner) knew the glass doors were unsafe, and, “despite owning and operating the restaurant and premises for decades … never even attempted to make the plate glass entrance door even marginally safer, such as through the application of widely available safety films that are applied to glass and cost only a few dollars per square foot of coverage…(the victim) allegedly suffered several cardiac arrests and was pronounced dead at 2:03 p.m. due to “penetrating injuries to the neck leading to acute hemorrhagic shock.””
A widow blames hazardous plate glass for the death of her retired college professor husband who badly cut his throat on the shattered door of a sandwich shop.
Plate glass, also known as annealed glass, “constitutes a well-known safety hazard when broken because such glass can break into large, sharp and unreasonably dangerous jagged shards if impacted,” according to the complaint in Butler County, Pa.
Laminated or tempered glass is safer because it “fractures into small relatively harmless cubes that are less likely to cause significant injury,” the complaint adds. Cynthia Brunken sued Bob’s Sub and Sandwich Shop, located in Slippery Rock Commons, and its owner Cindy Marlowe for wrongful death.
A national standard was officially recognized in 1966 and an act was created in Pennsylvania “Requiring the Use of Safety Glazing Materials.”
“Despite the known and obvious risks involved with the use of plate glass or annealed glass entrance doors, the glass entrance door used at the Bob’s Sub and Sandwich Shop restaurant on June 3, 2013 contained dangerous plate glass or annealed glass, and did not incorporate adequate or safer glazing material, rendering the glass door unreasonably dangerous to customers, business invitees and specifically, Glen W. Brunken,” according to the complaint.
For more:Â http://www.courthousenews.com/2013/09/18/61234.htm
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Hospitality Industry Legal Risks: Illinois Restaurant Sued For “Negligence” By Woman Who Slipped In Puddle Of Water; Seeking $50,000 For “Leg Injuries, Pain And Suffering”
“…(the plaintiff) blames the restaurant for causing her injuries, saying its employees negligently allowed a puddle of water to remain on its 
premises, failed to remove the puddle, failed to reasonably inspect the premises and failed to properly manage the restaurant…In addition to her injuries, (she) became sick, lame, disordered and disabled; experienced pain and suffering; incurred medical costs; and suffered disability and disfigurement, the suit states. She also lost earnings and wages, the complaint says…”
A woman claims suffered left knee and leg injuries after she fell on a puddle of water at a Mexican restaurant. Andrea B. Mercer filed a lawsuit Aug. 29 in Madison County Circuit Court against Chivas doing business as Carisilos Mexican Restaurant. In her complaint, Mercer alleges she was eating at Carisilos, which is located at 1978 Vandalia St. in Collinsville, on Sept. 3, 2011, when she fell on a puddle of water in the restaurant.
In her complaint, Mercer seeks a judgment of more than $50,000, plus costs and other relief the court deems just.
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Hospitality Industry Legal Risks: Missouri Restaurant Operator Ordered To Pay $20.5 Million To Man Permanently Disabled After Beating In Parking Lot; “Failure To Prevent Fight”, Violated “Disruptive Customer Policies”
 “…(the plaintiff) claimed the fast food giant failed to prevent the fight, poorly trained its employees and violated its own policies for dealing with disruptive customers…(the jury) actually returned a $25 million verdict against Jack in the Box after an eight-day civil trial. That was reduced to $20.5 million after the jury found Aziz to be 18 percent at fault for the attack…”
A City Court jury ordered Jack in the Box restaurants to pay $20.5 million to a man who is permanently disabled from a beating in a parking lot 3 years ago. Ali Aziz, now 35, was beaten unconscious and spent more than a year in a coma after the June 20, 2012 assault. He has permanent brain damage and cannot walk or feed himself, the St. Louis Post-Dispatch reported.
Aziz, through his mother Annette Brown, sued Jack in the Box in City Court in 2011. Four people – three men and a woman – pleaded guilty and have gone to prison for it.
Earnest Carter, 22, was sentenced to 12 years in prison; Jasmine Jeffries, 22, to 15 years; Johnnie Lane, 33, to 5 years; and Rwoeshan Booker, 20, to 13 years, the Post-Dispatch reported.
A Jack in the Box spokesman said the company is considering an appeal.
For more:Â http://www.courthousenews.com/2013/09/09/60939.htm
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Hospitality Industry Crime Risks: Connecticut Hotel Manager Settles Multimillion Dollar “Wrongful Death Lawsuit”; Woman Murdered In Lobby By Intoxicated Man At Room Party
“…The former managers of a Stamford hotel agreed Friday to settle a multimillion dollar lawsuit brought against the hotel by the family of a 21-
year-old Greenwich woman stabbed to death by her ex-boyfriend there nearly six years ago…the trial addressed a real important public safety issue — and that was hotel safety…”
Details of the settlement were sealed in a confidentiality agreement, but lawyers for the family of Layla Renee Banks appeared very happy as they left the Main Street courthouse. On Thursday they had asked a jury to return a verdict of $20 million for their clients.
In the late evening of Oct. 13, 2007, a group of teens and young adults from Greenwich, wanting to extend what began as a sweet 16 party at one of their homes, rented a room on the third floor of the five-story hotel. Alcohol use was rampant among the partygoers who swelled to about 100, court documents and police reports show.
By his own admission later to police, he had had about six drinks at the party when he confronted Banks. He wanted to know why she hadn’t returned his emails or phone calls. After they began arguing, Banks screamed for help, eventually fleeing from Botello and the party to the hotel’s lobby, court documents and police reports state.
In a darkened hallway off the lobby, Botello caught up with the young woman, reports state. He clamped his hand over her mouth to prevent her from screaming and in the ensuing struggle he threw her purse down the hall.
Banks began sobbing and crying for help as a hotel worker began vacuuming the end of the hallway, the reports state. Panicked, Botello later told police he pulled out a knife and began stabbing Banks over and over — some 90 times, the medical report states.
For more:Â http://www.ctpost.com/local/article/Hotel-murder-lawsuit-settled-4792732.php
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