Category Archives: Insurance

by | April 13, 2013 · 7:24 am

Hospitality Industry Property Risks: Tennessee Motel Fire “Driven By High Winds” To Attic And Roof; Results In $550,000 Of Damage To Twenty Rooms

Motel Fire“…Firefighters tried to cut the roof to keep the fire from spreading, but that effort failed…The Clinton Fire Department report estimated property losses at $300,000 and damage to contents at $250,000…”

A Thursday afternoon fire at the Motel 6 in Clinton that apparently spread from a mulch bed outside the building to the roof and attic damaged at least 20 rooms and caused an estimated $550,000 damage, authorities said.

The flames went up the side of the building and, driven by high winds, made it to the attic, where the fire burned through the roof, WYSH Radio in Clinton reported. Officials said at least 20 rooms were damaged by fire, and a large part of the rest of the building received smoke and water damage.

Firefighters used a ladder truck to spray water on the fire, and utility workers were called in to turn off power, natural gas, and hotel water.  The American Red Cross responded to help the people staying at the hotel, which is owned by Rocky Daya of Clinton, the report said.

For more:  http://oakridgetoday.com/2013/04/12/motel-6-fire-in-clinton-causes-estimated-550000-in-damages/

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by | April 8, 2013 · 6:27 am

Hospitality Industry Property Risks: New Jersey Restaurant Fire Caused By “Discarded Cigarette” In Flowerbed; Damage To Exterior Walls And Walk-In Refrigerator Forces Closure

“…a lit cigarette discarded in the mulch of a flowerbed outside the building caused the fire…the fire caught hold of Styrofoam, which was used as Restaurant Firebacking for part of the building’s exterior, travelled up the wall, and moved to the wood beams in the ceiling and window openings…The restaurant has been closed until proper repairs can be made and inspected by town officials…”

A discarded cigarette started a fire that has closed Fuddruckers restaurant, authorities said. Firefighters found heavy smoke inside a walk-in refrigerator and a “moderate” fire inside walls and the ceiling of the building Sunday at about 4 p.m., said Steven Toth, fire commissioner.

Fire crews had to open interior and exterior walls to battle the blaze, Toth said. All “visible flames” were knocked down 30 minutes after firefighters arrived on scene.

For more:  http://wayne.patch.com/articles/discarded-cigarette-causes-fire-that-closes-fuddruckers

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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 21, 2013 · 6:05 am

Hospitality Industry Property Risks: Michigan Restaurant A “Total Loss” After Fire In “Deep Fryer” Spreads Quickly Into Ceiling And Roof

“…the restaurant is a total loss and smoke enveloped the entire intersection where the Restaurant Firerestaurant is located….the fire had spread quickly to the wooden trusses that supported the roof, up above a suspended ceiling…causing the roof to collapse…”

Fire investigators have determined that a fire that destroyed the Ram’s Horn on Tuesday originated in a deep fryer in the restaurant’s kitchen. The fire spread quickly during the lunch hour. Staff and patrons were evacuated and fire crews responded at about 12:12 p.m.

No one was injured in the blaze, which took several hours to extinguish. Middlebelt between Seven and Eight Mile roads remained closed throughout the afternoon as firefighters extended hoses from several fire hydrants to battle the blaze.

When fire crews encountered the heavy smoke and heat and knew that customers and restaurant staff were out of the building, firefighters were moved outside of the restaurant, which occurred within 15 minutes, Whitehead said.

The roof collapsed while firefighters were outside fighting the fire. “It had a pretty good start,” Whitehead said.

For more:  http://www.hometownlife.com/article/20130321/NEWS10/303210566/Fire-gutted-Livonia-Ram-s-Horn-started-deep-fryer

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by | March 18, 2013 · 7:14 am

Hospitality Industry Property Risks: Minnesota Hotel Suffers Extensive Flooding And Electrical Equipment Damage From Broken Water Line

“…the waterline break occurred during a planned repair project and also flooded the skywalk tunnel under the street between the hotel and the hotel water pipe burstdowntown Duluth Public Library…the line that broke was not a city waterline but the hotel’s own service line running into the building…it appeared that a private contractor replacing the service somehow severed the line, triggering the flood of water…”

Officials with Duluth’s Radisson Hotel said Saturday evening that they’re still working to assess the damage caused by a broken waterline earlier this week, and there is no timeline yet for reopening. The waterline break on Wednesday night flooded the downtown hotel’s basement and disrupted electrical service to the building. About 80 guests had to be evacuated to other hotels.

“Hotel ownership and management teams are working as quickly as possible to determine the extent of the damage caused by the flooding and what equipment and work will be necessary in order to open the hotel,” hotel officials said in a news release Saturday evening. “As of (Saturday), that assessment continues and the Radisson is unable to provide an estimated time frame at this point in time. The safety and welfare of our guests and team members is first and foremost in determining when we will be able to open.”

Officials said they continue to work with other hotels in Duluth to relocate guests who had reservations at the Radisson. They said an update on the hotel’s status is expected by Wednesday. The Radisson has 268 guest rooms, in addition to its restaurant, meeting and banquet facilities.

For more:  http://www.duluthnewstribune.com/event/article/id/261688/

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by | March 16, 2013 · 6:42 am

Hospitality Industry Property Risks: Illinois Restaurant Fire Starts In Basement Water Heater; Significant Water And Smoke Damage

“…most of the damage happened in the basement at their Bucktown flagship…service will be halted there and Restaurant Fire in Chicago. NBC Chicago Facebooktheir Chicago French Market satellite…the main dining room in Bucktown sustained smoke damage…”

A fire that broke out in the basement of Lillie’s Q barbecue restaurant in the Bucktown neighborhood late Thursday night destroyed the restaurant and left a firefighter with minor injuries, officials said. The fire at 11:40 p.m. at the restaurant at 1856 W. North Avenue, officials said. Fire officials said the fire rekindled later at about 4:18 a.m.

Firefighters told restaurant officials that the fire likely started in a water heater in the basement, and not one of the smokers. There were also apartments above the restaurant.Chicago Police closed North Avenue in both directions near Wood Street while firefighters worked to contain the fire. After the fire rekindled at 4:18 a.m. firefighters returned to the restaurant and a firefighter sustained minor injuries at that point.

For more:  http://articles.chicagotribune.com/2013-03-15/news/chi-firefighters-battle-blaze-at-lillies-q-restaurant-in-bucktown-20130314_1_scorches-restaurant-spokesman-fire-officials

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by | March 14, 2013 · 5:53 am

Hospitality Industry Employment Risks: Michigan Motel Settles “Pregnancy Discrimination Lawsuit” For $27,500; Safety Of Unborn Fetus No Reason For Employment Exclusion

“…according  to the EEOC’s suit, Ramin fired a housekeeper after she reported her pregnancy  to them.  Management stated it could not  allow the employee to continue to work as a housekeeper because of the  EEOCpotential harm to the development of her baby, the EEOC said…”

Ramin Inc., the owner of a Comfort Inn & Suites  in Taylor, Mich., will pay $27,500 to settle a pregnancy discrimination lawsuit  (EEOC v. Ramin, Inc., 2012-cv-15015) filed by the U.S. Equal Employment  Opportunity Commission (EEOC), the agency announced today.

Title VII  of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act  (PDA), protects female employees against discrimination based on  pregnancy.  Under the statute, an  employer may not exclude pregnant women from employment based on the employer’s  supposed concerns about the safety of the mother or unborn fetus.  The EEOC filed suit after first attempting to  reach a pre-litigation settlement through its conciliation process.

In a consent decree filed with the  U.S. District Court for the Eastern District of Michigan, the company agreed to  pay $2,500 in back pay and $25,000 in compensatory and punitive damages.  In addition, Ramin agreed to a permanent  injunction enjoining it from discriminating against an employee due to her  pregnancy or requiring a pregnant employee to provide medical documents that  releases her to work.  The decree  requires that Ramin provide training to all of its managerial and non-managerial  employees on sex and pregnancy discrimination; draft a new employee policy  regarding sex and pregnancy discrimination; post a notice regarding the suit  for all employees; and report to the EEOC for four years.  The injunction, training, policy revisions,  and EEOC monitoring constitute targeted, equitable relief that aims to prevent  similar violations in the future.

For more: http://www.eeoc.gov/eeoc/newsroom/release/3-12-13a.cfm

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by | March 12, 2013 · 6:31 am

Hospitality Industry Legal Risks: Hotel And Restaurant Management Must Conduct Criminal Background Checks To Avoid “Negligent Hiring Lawsuits”; Screening Must Be Relevant To Job Description To Avoid Discrimination

“…Hospitality employers (conduct criminal-background checks) to avoid negligent hiring lawsuits – a lawsuit from a guest or customer, for example, based on a hotel’s failure to properly screen an employee who later does Hospitality Industry Criminal Background Checks (2)harm…for each job description, (management) should prepare a memo that describes the relevance of, and need for, such information and how it is related to the particular job description…it is inconsistency in the selection of what type of background check each applicant gets that can often get employers sued for discrimination…”

According to some studies, over 90% of employers conduct criminal-background checks for some job applicants and over 70% of employers conduct background checks on all potential new hires. This includes many hospitality-industry employers. Most decision-makers want information about criminal behavior and other related data before bringing a candidate into the organization.

For example, the Equal Employment Opportunity Commission (EEOC) and some states are taking the position that, given the disproportionate rate of minorities that are arrested and convicted of crimes, an employer’s policy of disqualifying all applicants with criminal history can have a discriminatory impact on minority candidates and thereby violate Title VII’s discrimination laws.

Each state has its own position on the use of arrest and conviction records. Even when abiding by those parameters, there is still the need for a comprehensive, consistent set of procedures regarding the use of criminal history to avoid claims of discrimination. The key here is to identify by job description prior to hiring candidates, what kind of criminal background information (including how many years back) the company will look for and to ensure that the same level of background check is done for every applicant for that position.

Establishing a policy and procedure to make sure each applicant for a job description gets the same background check and having a defensible job-related justification for the relevancy and need for the information for each job position is critical to defending against future discrimination claims.

For more:  http://www.mondaq.com/unitedstates/x/225564/employee+rights+labour+relations/And+By+The+Way+Are+You+A+Criminal

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by | March 11, 2013 · 8:08 am

Hospitality Industry Health Risks: Washington Restaurant Closed For Multiple Health Code Violations That Led To Food Poisoning Outbreak

“…(violations included)…foods not protected from cross contamination, poor personal hygiene practices and Restaurant Health Code Violationsinsufficient handwashing; equipment not properly sanitized, handwashing facilities not working and an imminent health hazard: establishment linked to a foodborne illness outbreak…”

The Ambassel Bar and Restaurant on Jefferson Street in Seattle, Washington has been closed by health authorities after they discovered several health violations and associated it with a food poisoning outbreak. Public information officer for the Seattle and King County Health Department Katie Ross told Food Poisoning Bulletin that they are aware of two cases of E. coli associated with this restaurant in mid-February. She said that both cases were adults. One person was “briefly hospitalized” and both have recovered.

Seattle and King County health authorities closed the restaurant, which serves Ethiopian food, after a number of food safety violations were discovered and patrons who ate at the restaurant became ill.  Five violations were listed on the notification of closure.

Restaurant employees are a contributing factor in more than 65 percent of all foodborne illness outbreaks in the U.S.,  according to the U.S. Food and Drug Administration (FDA).  Bacteria that causes disease can be transmitted directly from an infected food employee through food. That’s why restaurant employee health and personal hygiene are so important.

For more:  http://foodpoisoningbulletin.com/2013/food-poisoning-outbreak-closes-ambassel-restaurant-in-seattle/

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by | March 10, 2013 · 8:20 am

Hospitality Industry Legal Risks: Pennsylvania Restaurant And Bar Settles “Music Copyright Infringement Lawsuit” For $9,000; Disc Jockey Played 12 Songs From Music Catalogue

“…any establishment that plays music is required to pay a licensing fee which, for bars and restaurants, is based on the square footage of the establishment…the owners agreed to settle the case to avoid the expense and Hospitality Industry Music Copyright Lawsuitsuncertainly of continuing the litigation. The settlement equates to a penalty of $750 per song. Federal law allows for penalties up to $30,000 per song…”

The owners of the Brews Brothers bar and restaurant in Jenkins Township have agreed to pay $9,000 to settle a copyright infringement lawsuit filed by a music publishing company. Broadcast Music Inc. filed suit against the bar in October 2012 after a representative from the company visited the establishment that March and witnessed a disc jockey playing 12 songs from artists who are part of BMI’s catalogue.

BMI, one of the nation’s largest music publishing companies, collects and distributes royalties to artists whose music is played on radio, television and at public venues.

BMI has been aggressively enforcing its copyrights in the region over the past several years, filing at least 11 federal lawsuits against various establishments in Luzerne, Lackawanna and other nearby counties since 2010, according to court records.

The settlement, filed Thursday, says Brews Brothers acknowledges it violated the copyrights for the songs.

For more:  http://psdispatch.com/news/333542/Bar-settles-copyright-infringement-lawsuit

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