Category Archives: Insurance

by | March 9, 2013 · 8:19 am

Hospitality Industry Legal Risks: Idaho Restaurant Chain Sued By Male Employee Who Claims “Only Women Allowed To Work As Bartenders”

“…lawsuit claims that service manager (stated) that the Louisville,Ky.-based chain’s regional director “only wanted girls working in the bar.” The complaint (states that restaurant) told women employees to wear tank EEOCtops and shorts to work and to “flirt with every guy that sits at the bar top…”

A former employee of the Texas Roadhouse restaurant in Ammon alleges only women can work as bartenders there, according to a complaint filed with the U.S. District Court of Idaho. Tim Fenton was employed at the restaurant as a trainer, bartender and server before his dismissal in October 2012.Fenton lost out on bartending assignments and Baird allegedly promoted a woman to tend bar that he had a crush on.

Baird also demoted Fenton from his position as a trainer allegedly in retaliation for his and his wife’s reports to Texas Roadhouse about the discrimination. Sam Angell, Fenton’s attorney, said his client made a formal complaint to the chain’s human resources department, but did not receive a report back regarding an investigation of the charges or its findings.

According to the Texas Roadhouse in Ammon, Baird is no longer employed at the restaurant. A representative for Texas Roadhouse corporate headquarters said he hadn’t seen the lawsuit so could not comment.

In order to pursue a job discrimination lawsuit in federal court, plaintiffs must first file a charge with the Equal Employment Opportunity Commission. According to Angell, the EEOC determined it would not be able to complete its investigation in the required 180 days so it issued a “Notice of Right to Sue.”

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by | March 8, 2013 · 7:39 am

Hospitality Industry Property Risks: South Carolina Motel Fire Caused By Gasoline Vapors Ignited By Water Heater; $300,000 In Damage

“…vapors from gasoline stored there apparently ignited the pilot light in the water heater…it took 90 minutes for Motel Firemore than 50 firefighters from the town, Monetta, Ridge Spring and Lexington County to bring the blaze under control…”

A motel on the east side of town is closed after fire destroyed two-thirds of the 27-room structure, authorities said. Damage to the Leesville Lodge is estimated at $300,000, fire chief Jay Hendrix said.

The fire started shortly after 1 p.m. Wednesday in the laundry room at the 27-year-old motel in the 600 block of East Columbia Avenue, he said.

Read more here: http://www.thestate.com/2013/03/07/2664768/batesburg-leesville-motel-closed.html#storylink=cpy

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by | March 7, 2013 · 7:18 am

Hospitality Industry Payment Risks: Hotel Tech Trade Association Releases “Secure Payments Framework For Hospitality”; Best Practices Advocates “Tokenization” And “Removal Of All Guest Credit Card Data From Systems”

Hospitality Industry Secure Payment Framework-page-001

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Hospitality Industry Secure Payment Framework Executive Summary-page-001

For more:  http://www.scmagazine.com/hotel-tech-trade-association-offers-best-practices-for-reducing-payment-card-risk/article/283129/

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Filed under Crime, Guest Issues, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Technology, Theft

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by | March 6, 2013 · 6:57 am

Hospitality Industry Property Risks: Missouri Restaurant Fire Starts In “Wood Pile Near Outdoor Smoker”; Spreads To Roof And “Guts Interior”

“…it appears that (the fire) started in a wood pile near a smoker that was attached to the main building…the Restaurant Firerestaurant’s walls were left standing, but the interior was gutted…”

An early-morning fire today that burned down Bandana’s, a popular barbecue restaurant in Crystal City, apparently started in a pile of wood near an outdoor smoker, the fire chief says. Crystal City Fire Chief Tony Bova said the state fire marshal’s office is investigating this morning’s two-alarm blaze, but he said early indications are that the fire was accidental.

No one was injured in the fire, which was reported at about 3 a.m. today at the restaurant on South Truman Boulevard. A passerby saw what appeared to be a trash bin on fire. It turned out to be the outdoor smoker. When the first crews arrived, they saw flames already shooting through the roof.

About 75 firefighters from seven fire departments fought the fire. It took them about an hour to bring the fire under control.

The pile of wood where the fire originated could have been smoldering for hours after the restaurant closed Tuesday night, the chief said.

For more:  http://www.stltoday.com/news/local/crime-and-courts/fire-destroys-crystal-city-barbecue-restaurant/article_c8df0871-d275-508c-ac51-47e0e3d049e1.html

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by | March 5, 2013 · 8:21 am

Hospitality Industry Theft Risks: Alabama Motel Clerk Arrested For Stealing 23 Guests’ Credit Card Information; No Background Check Because It Was “Too Expensive”

“…(the motel clerk) used his position to remove credit card information from 23 customers from the motel database and used 12 of the card numbers in a fraud scheme to steal cash from the business…the owner Hotel Credit Card Fraudadmitted that he did not do a background check prior to hiring this person…the background check was too expensive…”

Mobile police have arrested a man for credit card fraud and trafficking in stolen identities after they say he took credit card information from 23 motel customers. Police said Bryant Onell Niles, 28, worked as a desk clerk at the Baymont Inn Suites in Mobile, where the alleged crimes took place.

Police said he was found in possession of the 11 unused credit card numbers with names and expiration dates belonging to former customers of the motel. Mobile police said last year, Niles was working as a desk clerk at an unnamed hotel when he stole credit card information from a person who had stayed at the hotel.

Police said he used the guest’s information to book hotels for himself and his friends. That’s how authorities say they caught him.

For more:  http://www.fox10tv.com/dpp/news/local_news/mobile_county/mpd-hotel-clerk-stole-23-credit-card-numbers

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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 | March 2, 2013 · 7:23 am

Hospitality Industry Property Risks: Mississippi Hotel Fire Caused By “Lamp Cord Short”; Damage Contained By Room “Designed To Isolate Fires”

“…(the cord) was stuck under the lamp and wore out after a while…friction likely caused the shorted cord to HOTEL FIREignite, and sparks caused the carpet to catch on fire, which then spread to a couch and the wall…”

Starkville Fire Department officials confirmed the cause of a fire Thursday that destroyed the interior of a hotel room at Americas Best Value Inn & Suites on Miss. Highway 12 as electrical. SFD Training Officer Charles Yarbrough said he concluded in his investigation that the fire was started by a short in a lamp cord.

On Thursday, a shift manager at the hotel said  she called 911 after a customer came into the lobby and said he saw smoke emitting from the back of the building. The manager, who refused to be identified, said neither the room where the fire took place nor any nearby rooms were occupied at the time the smoke was first reported and there was no one in the vicinity of the fire.

Yarbrough said everything in the room, from the furnishings to the walls would have to be replaced, but said the hotel’s structural integrity was satisfactory as the rooms were designed to contain and isolate fires.

For more:  http://www.starkvilledailynews.com/node/13339

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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 26, 2013 · 10:30 am

“Hospitality Lawyer” January-February 2013 Online Issue Features “Insurance Coverage For Food Service Industry Losses And Business Interruption”

2013 Hospitality Lawyer Jan Feb cover

Click on “Hospitality Lawyer” to view online issue

http://hospitalitylawyer.com/

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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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