Category Archives: Injuries

by | March 27, 2013 · 5:24 am

Hospitality Industry Legal Risks: Louisiana Hotel Sued For “Injuries Sustained By A Handicapped Guest”; Failure To Provide A Ramp Or Safe Access From Parking Lot To Room

“…the (hotel ownership) is accused of failure to provide a safe access/handicap access from the parking lot to the elevated walkway in front of the Hospitality Industry Injury Lawsuitsroom assigned to the (plaintiff)…an unspecified amount is sought for pain and suffering, mental anguish, embarrassment, humiliation, permanent disability, medical expenses and loss of income/ earning capacity…”

A local branch of a national hotel chain is being sued on claims of damages for injuries sustained by a handicapped guest. Anne G. and Timothy Conwell filed a lawsuit against Days Inn Inc., Days Inn Hotel 10020 I-19 Service Road New Orleans, La. and Nguyen, Nguyen & Vu LLC in the Orleans Parish Central District Court on Jan. 22.

The Conwells claim that while registered guest at Days Inn, Anne Conwell, who suffers from a handicap, fell and broke her right arm, ball and socket joint of her right shoulder, struck her head and suffered severe injuries to her hip and back. The suit claims that the fall was a result of the defendant’s parking area not having a handicap ramp or other access from the parking area onto the walkway and entrance to the first floor level rooms.

For more:  http://louisianarecord.com/news/250306-texas-couple-files-suit-against-days-inn-for-damages

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by | March 24, 2013 · 8:43 am

Hospitality Industry Legal Risks: Illinois Hotel Faces Second Lawsuit For “Emotional Distress” Resulting From Drowning Of Young Boy; “Failure To Maintain Pool By Not Installing Phone And Posting Emergency Numbers”

“…the suit alleges Pheasant Run Resort and Spa, McArdle Ltd., and Oakbrook Hotels and Resorts should be held liable for the emotional distress caused to Carlos Escobar, who was 12 when he saw his stepbrother drown. Both lawsuits argue the resort failed to maintain the pool properly by Hospitality Industry Lawsuitnot posting emergency numbers or installing a phone at the pool…”

A Belvidere teen, who saw a relative drown at the Pheasant Run Resort in St. Charles more than five years ago, has sued the resort and hotel, claiming emotional distress. The suit, filed this month in Kane County court, is the second involving the Dec. 28, 2007, drowning of Javier Gonzalez, 21, of Garden Prairie, Ill.

A wrongful-death suit was filed in 2009 by the mother of the drowning victim. Daniel Murphy, a lawyer representing the plaintiffs in both lawsuits, declined to comment.

The suit also claims the resort was cited by the DuPage County Health Department at least seven times for not having a buoyed safety rope dividing the shallow and deep sections of the pool, and did not have proper lifesaving equipment on the deck.

According to the suit, Gonzalez was playing in the pool with four relatives, ages 12 through 15, when he became distressed and sank face down to the bottom near the drain. There was no lifeguard on duty and the children frantically called for help before going to their parents’ rooms for assistance, the suit states.

A Pheasant Run employee could not locate any rescue equipment, and Gonzalez was underwater for at least five minutes, the suit said. He was eventually pulled from the water, but CPR did not work and he was pronounced dead on arrival at Delnor Hospital in Geneva. Both lawsuits seek more than $50,000 in damages.

For more:  http://www.dailyherald.com/article/20130321/news/703219793/?interstitial=1

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by | March 4, 2013 · 7:17 am

Hospitality Industry Insurance Risks: “Slip And Fall Accidents” And “Cooking Fires” Represent Top Operational Risks For Restaurant Owners

“…more than 3 million foodservice employees are injured each year from slip-and-fall accidents. With an average cost of almost $21,000 per claim, this is a substantial risk when you consider the number of guests slip_and_fall accidentwho also fall each year in a foodservice establishment…”

Cintas Corporation, a nationwide leader in restaurant facility solutions, identified the top 13 hidden risks to restaurant operations in 2013. By identifying potential risks before they become a problem, restaurant owners and managers can reduce their exposure and maximize their bottom line by ensuring the proper programs are in place.

  • Slip and falls: According to the National Floor Safety Institute (NFSI), more than 3 million foodservice employees are injured each year from slip-and-fall accidents. With an average cost of almost $21,000 per claim, this is a substantial risk when you consider the number of guests who also fall each year in a foodservice establishment. Protect floors, workers, and patrons with a comprehensive safe-floor program that includes deep cleaning, protection, and ongoing maintenance.
  • Cooking fires: By knowing that the majority of restaurant fires occur around 10 a.m., restaurant operators can develop a fire protection system that prevents or limits the spread of cooking fires. Ensure that hood suppression systems are regularly inspected by a licensed fire protection provider so they are always in working order and ready to extinguish a fire. Also, have your kitchen hood and exhaust ducts cleaned of excess grease and fuel at regular intervals.

For more:  http://www.qsrmagazine.com/news/cintas-reveals-top-13-hidden-restaurant-risks?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+QSRmagazine+%28QSR+magazine%29

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by | February 28, 2013 · 7:43 am

Hospitality Industry Legal Risks: New York Restaurant And Nightclub Sued By Employee For “Significant Hearing Loss”; Music Volume At 96 Decibels

“…(the club) began offering its employees earplugs and hearing tests…it was then that she discovered her hearing loss. Initially, she said, one of the club’s executives said she could probably work at the door, but she Hospitality Industry Injury Lawsuitswas later told that would not happen. She was also charged retroactively, she said, for additional tests and treatment related to her hearing damage…”

Alexis Clemente knew the music was extraordinarily loud at Lavo, the celebrity playpen in Midtown Manhattan where she worked for two years as a hostess. Ms. Clemente had significant hearing loss in her right ear, most likely caused by noise exposure, an audiologist found. She was told to immediately stop working in loud environments to prevent it from getting worse.

After the test, she told her supervisors about the results, she said, and asked to be placed at the door, slightly removed from the din. But her employers refused, she said, failed to offer her another position, fired her and canceled her health insurance.

This week, she sued. The suit, filed in State Supreme Court in Manhattan, was reported this week by The New York Post.

She often complained about the noise, she said, but her employers did not take action until last summer, after The Times recorded and reported volumes averaging 96 decibels, akin to a power mower, in Lavo’s restaurant. Legally, workers should not be exposed to that volume for over three and a half hours without ear protection. And Lavo employees said the volumes at the downstairs club were far worse.

For more:  http://www.nytimes.com/2013/02/28/nyregion/ex-hostess-at-lavo-sues-claiming-loud-music-damaged-her-hearing.html?_r=0

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by | February 27, 2013 · 7:34 am

Hospitality Industry Property Risks: Hawaii Restaurant Fire Caused By Leak From “Corroded Gas Line Fitting”; $25,000 In Fire And Water Damage

“…the fire was started by a gas leak at a fitting to a kitchen table, which had corroded, said Fire Captain Terry Restaurant FireSeelig, department spokesman…a worker, who was cleaning the kitchen after the restaurant had closed, was treated at the scene for burns to the front of his body before being taken to a burn center…”

A 43-year-old man was taken to the hospital in serious condition Monday after he was burned while cleaning the kitchen of a ramen restaurant in the Mililani Town Center. The flash fire was ignited by a pilot light, which also activated the restaurant’s sprinkler system. The fire was brought under control by 10:30 p.m.

The fire and the water from the sprinkler system caused $25,000 worth of damage in the kitchen of New Genki Ramen at 95-1249 Meheula Parkway.

For more:  http://www.staradvertiser.com/news/breaking/193327801.html

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by | February 25, 2013 · 6:48 am

Hospitality Industry Legal Risks: Texas Club Owner Ordered To Pay $10.5 Million To Family Of Woman Killed By “Monster Truck” In Parking Lot; “Dram Shop” Laws Hold Company Liable For Over-Serving Alcohol To Driver

“…(the plaintiff) sued Crutchfield and High Expectations Hospitality, the corporate name for Spearmint Rhino, pointing to state “dram shop” laws that allow a business to be held liable if it serves alcohol to someone who Alcohol Drink Responsiblywas clearly intoxicated and ended up causing harm to others…”

The parents of a 23-year-old woman killed by a monster truck outside a gentlemen’s club have won a $10.5 million civil verdict against the driver and the club for serving him alcohol. Kasey McKenzie died after she was run over in March 2011 by a pickup truck elevated on monster tires in the parking lot of the Spearmint Rhino club in Dallas. The driver of the truck, Eric Crutchfield, was drunk and has since pleaded guilty to manslaughter.

A Dallas civil jury on Tuesday awarded $4 million to the parents for mental anguish and $3.5 million for loss of companionship, along with about $3 million in other damages and expenses.

Michael Schmidt, an attorney for McKenzie’s parents, said the club served Crutchfield 10 or more drinks and shots on the night of McKenzie’s death. “This case basically is addressing a problem that we have, certainly in Dallas, of irresponsible establishments over-serving patrons and violating the law,” Schmidt said.

Schmidt said McKenzie was hit by Crutchfield’s truck while walking in the parking lot after 2 a.m. on March 17, 2011.

According to a police report, Crutchfield “had no idea he had run over” McKenzie. A blood test after the incident showed his blood-alcohol level was 0.18 percent, more than twice the legal limit.

For more:  http://www.azcentral.com/news/nationworld/free/20130220texas-monster-truck-death-lawsuit-verdict.html

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by | February 24, 2013 · 7:39 am

Hospitality Industry Insurance Risks: California Restaurant Owners Charged With “Felony Worker’s Compensation Fraud” For Failing To Insure Twelve Employees; Fines Totalling $18,000

“…an anonymous complaint (alleged) that the restaurant did not have workers’ comp insurance as required by law…following a visit to the restaurant, a civil citation (was issued) with penalties totaling $18,000 for failing workers comp fraudto insure their 12 employees…businesses not carrying valid workers’ compensation coverage are considered uninsured and face a “Stop Notice and Penalty Assessment” from the Labor Commissioner and fines of $1,500 per employee, up to $100,000. If an injury occurs, the fine increases to $10,000 per employee. A worker injured while working for an uninsured employer can sue for damages and the employer is presumed negligent in such cases…”

The owners of a restaurant in San Marcos, Calif. have been charged with felony counts of workers’ compensation fraud and forgery following a referral by the California Labor Commissioner Julie A. Su’s criminal investigation unit to the San Diego District Attorney’s Office.

The district attorney’s charges, filed in San Diego Superior Court on Jan. 29, allege that Rhythm City Grill owners John Fletcher Johnson and Annette Lucille Thomas each committed two felony counts of forgery of a workers comp insurance policy and a misdemeanor charge of conducting business without workers’ compe insurance. Johnson was also charged with an additional felony for submitting a false document to a government agency. He and Thomas were arraigned Feb. 14.

If convicted, Johnson and Thomas face up to 16 years in prison for the felony charges. The failure to secure workers’ comp insurance carries a misdemeanor charge of 1 year and a fine.

For more: http://www.insurancejournal.com/news/west/2013/02/19/281769.htm

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by | February 21, 2013 · 6:31 am

Hospitality Industry Legal Risks: Colorado Hotel And Restaurant Sued By Woman Who “Drank Bleach In A Water Glass”; Lawsuit Seeks $100,000 For “Negligence And Breach Of Implied Warranties Of Merchantability And Wholesomeness Of Food”

“…(plaintiff) suffered serious and continual medical problems, including the inability to eat effectively, persistent acid reflux syndrome, digestive problems and other symptoms…(her) relationship with her husband Hospitality Industry Injury Lawsuitsand her ability to care for her children have been affected…among the claims in the lawsuit are negligence, breach of implied warranties of “merchantability and wholesomeness of food,” loss of consortium and a violation of Colorado’s premises liability statute…”

A Basalt woman is suing the owner and operator of the Viceroy Snowmass, alleging that she was served and drank out of a glass that had bleach in it at the hotel’s Eight K restaurant. The incident happened during brunch in February 2011, according to the lawsuit by Janine and John Reichert. The suit, filed Tuesday in Pitkin County District Court, seeks more than $100,000. It lists Base Village Owner, the hotel’s owner, and Viceroy operator KHM Snowmass as the defendants.

After being seated, a waiter poured water for the Reicherts’ party from a pitcher, wrote their attorney, Alan Feldman of Aspen, in the lawsuit. “Immediately after Janine drank from the glass, she jumped up out of her seat, stating that she had drank chemicals and needed to get to the bathroom as she was going to throw up,” the lawsuit says. “Janine’s throat began to burn and swell up. … [She] raced to the restroom, where she became violently ill.”

John Reichert dipped his finger in her glass and allegedly tasted a bleach solution. The wait staff then cleared all of the glasses from the table and disposed of their contents, Feldman wrote. One Eight K employee allegedly told John Reichert that “it is typical for the water pitchers to be soaked in a solution of bleach for sterilization and that the waiter could have picked up a water jug soaking in this bleach solution, believing it to be drinking water,” Feldman wrote.

However, as Janine Reichert was talking to a poison-control operator, a manager allegedly told her that she had ingested merely the residue from the bleach left on the jug.

For more:  http://www.aspendailynews.com/section/home/156795

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by | February 17, 2013 · 6:57 am

Hospitality Industry Legal Risks: Illinois Nightclub Sued By Man Stabbed In The Chest By Patron Who Was “Over-Served Alcohol”

“…(plaintiff) required emergency surgery after he was stabbed in the chest…the lawsuit says (he) suffered severe and permanent injuries and “will be hindered and prevented from attending to his usual duties and Alcohol Drink Responsiblyaffairs…the suit alleges that Olaska’s intoxication played a role in the stabbing. A restaurant employee was also injured in the fight…”

A man who was stabbed during a confrontation that cost a Naperville teacher his life has filed a lawsuit against the club where the clash happened. William Hayes III is suing Frankie’s Blue Room in Naperville and owner Riff Menza, claiming the bar over-served Daniel Olaska, who is awaiting trial on charges that he wounded Hayes and killed Shaun Wild in February 2012.

Authorities have said that Hayes had been teasing Olaska about drinking beer from a wine glass when Olsaka stabbed him with a folding knife he was carrying. Wild, a second-grade teacher at a Naperville school and a friend of Hayes’, was attempting to stop Olaska from leaving the bar when Olaska fatally stabbed him, according to police.

Hayes was a senior at nearby North Central College when the incident occurred. Wild was a 2010 graduate of the college. Both played for the school’s football team.

For more:  http://articles.chicagotribune.com/2013-02-15/news/chi-naperville-frankies-blue-room-stabbing-lawsuit-20130215_1_daniel-olaska-shaun-wild-naperville-bar

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by | February 14, 2013 · 6:34 am

Hospitality Industry Legal Risks: Tennessee Hotel Sued By Guest Who Lacerated Leg On Bed Frame; $400,000 Sought For “Lost Wages, Suffering And Disfigurement”

“…a cap on the horizontal support bar of the bed frame extended out several inches from the box spring, and the cap, made of a stone-like material, was chipped, creating a sharp edge. The sharp edge was hidden by a bed Hospitality Industry Injury Lawsuitsskirt draped over the box spring, “concealing the sharp edge from plaintiff’s view…(she had to be) treated for infection and other complications from the laceration (resulting in) medical expenses, pain and suffering, lost wages, and scarring and disfigurement…”

A Florida widow and freelance author and illustrator has sued the Red Roof Inn in Clinton for up to $400,000 over a leg laceration she says she received while staying at the hotel in August. Lauretta J. Evans, 76, said she was on her way home to Florida on Aug. 7 when she stopped at the Red Roof Inn on Buffalo Road, according to a lawsuit filed in Anderson County Circuit Court on Feb. 8.

As she prepared to go to sleep, Evans said, she sat on a bed in the room and “immediately felt a sharp and intense pain in her lower left leg. Plaintiff looked down to see that she had sustained a severe laceration to her lower left leg, and perceived that she was bleeding profusely,” the lawsuit said.

It said emergency medical personnel were called to the scene, and Evans was taken to the University of Tennessee Medical Center in Knoxville.

“This concealed sharp edge constituted a dangerous condition that represented a latent defect undiscoverable by the plaintiff,” the lawsuit said.

The Red Roof Inn, also referred to in the lawsuit as Sant Partnership, had a duty to keep its place of business, including rooms assigned to patrons such as Evans, free of “latent defects and dangerous conditions,” the suit said.

For more:  http://oakridgetoday.com/2013/02/13/florida-widow-sues-clinton-hotel-over-leg-laceration/

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