Category Archives: Insurance

by | February 2, 2012 · 6:46 am

Hospitality Industry Legal Risks: Texas Hotel Employee Files "Trip-And-Fall Lawsuit" For Negligence In "Failing To Secure Floor Covering During Construction"

 “…Gonzales was working at the Holiday Inn on Walden Road when she tripped over a loose floor covering placed in the area where ISC was contracted to perform repair work…Gonzales is suing for her past and future mental anguish, pain, medical expenses and lost wages, plus exemplary damages…”

A trip-and-fall lawsuit, which was slated to be tried in December, will now be tried in May. Holiday Inn employee Carol Gonzales filed suit against Insurance Services Construction on Oct. 20, 2010, in Jefferson County District Court, alleging the company negligently failed to securely fasten a floor covering while performing work at the hotel.

International Catastrophe Solutions was later added as a defendant, court papers say. On June 22 Gonzales filed a motion for continuance, asking that the case be continued “for a couple of months based on the fact that ICS has still not” officially answered the suit, the motion states.

A hearing on the matter was held Aug. 22. Judge Bob Wortham, 58th District Court, decided to take no action on the motion. However, on Nov. 16 an amended discovery control plan order was entered in the case, bumping the case from the court’s December docket to the May.

For more:  http://www.setexasrecord.com/news/241507-trip–fall-trial-bumped-to-may

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by | February 1, 2012 · 6:41 am

Hospitality Industry Health Risks: Death Of West Virginia Hotel Guest On Fifth Floor From "Carbon Monixide Poisoning" Stresses Need For Carbon Monoxide Detectors

“…Firefighters reported high levels of carbon monoxide in the building, and the remaining guests and employees were evacuated. The gas filtered up to the fifth floor from a pool heater on the ground floor…”

The death of one man and grave condition of another has South Charleston City Council members thinking of requiring hotels to install carbon monoxide detectors. Mayor Frank Mullens was still gathering information Tuesday evening from city fire and police officers at the Holiday Inn Express along Corridor G.

A construction worker was found dead in his hotel room Tuesday morning when other members of his crew went to wake him. The man’s roommate was unresponsive and was taken to Charleston Area Medical Center’s General Hospital, where he was in critical condition Tuesday evening.

Two others were taken from the hotel to St. Francis Hospital.

Mullens said he never had heard of anything like it.

“From what I gather right now, we’re looking at a tragic accident,” the mayor said. “I’m just speechless. I’ve never heard of anything like this happening before in my life.”

The hotel, which opened in July 1999, had no carbon monoxide detectors, according to South Charleston Fire Chief Greg Petry.

State law requires all homes with gas appliances built after 1998 to have carbon monoxide detectors, but there is no such requirement for hotels. Petry said he didn’t know of a single hotel in the area with such detectors.

Mullens said the city follows state building code but the one regarding carbon monoxide detectors only in homes didn’t make any sense.

For more:  http://www.dailymail.com/News/Kanawha/201201310236

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by | January 31, 2012 · 1:35 am

Hospitality Industry Health Risks: Nevada Hotel Sued For "Negligence" By Guests Claiming To Have Contracted "Legionnaires' Disease" From Water System

Eight guests sued in August, seeking $337.5 million in damages from the resort and its builders. An MGM Resorts spokesman at the time denied negligence, saying hotel officials carefully communicated with its guests and reimbursed them fairly for legitimate medical expenses. The case is still pending in federal court in Las Vegas.

The bacteria that causes Legionellosis – or Legionnaires’ disease – was found in water samples at the Luxor hotel-casino this month after a guest died of the form of pneumonia, health officials in Las Vegas said Monday.

The Southern Nevada Health District said the Centers for Disease Control and Prevention national surveillance program reported three cases in the past year of Luxor guests being diagnosed with the disease caused by Legionella bacteria.

The Las Vegas Strip resort’s water was tested after the first two cases were reported during the spring of last year, but no Legionella bacteria was detected, district officials said. Those guests recovered.

Officials say the Luxor, owned by MGM Resorts International, immediately began a remediation process once the bacteria was found.

MGM Resorts spokesman Gordon Absher said treatment procedures include superheating and super-chlorination of the water system.

For more:  http://www.thirdage.com/news/legionellosis-found-in-luxor-hotel-water-samples-in-nevada_01-30-2012

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by | January 30, 2012 · 9:07 am

Hospitality Industry Legal Risks: Hotel Owners And Management Will Face Numerous Compliance And Regulatory Issues In 2012

“The biggest issue hotel managers face in the coming year vis-à-vis the law is compliance with the myriad applicable statutes, rules and duties owed…”

A hotel faces potential legal consequences for all of the following:

  • negligence in the maintenance of its premises
  • failure to comply with the Fair Labor Standards Act (minimum pay, overtime pay, equal pay, child labor)
  • discrimination against employees based on minority status
  • denial of services to guests perceived as illegal discrimination
  • contending with internet reviews, disagreements with a franchisor
  • overstepping bounds with unions
  • misapplying tip pools
  • eradicating bed bugs and other pests
  • dram shop violations
  • food issues
  • security concerns
  • insufficient insurance
  • trademark and copyright violations
  • securing and maintaining necessary business licenses
  • tax obligations
  • sanitation issues in spas
  • contract disagreements with suppliers
  • guests’ rights to privacy
  • SEC mandates
  • Managing employees to ensure compliance with all of the above, and much more.

For more:  http://www.hospitalitynet.org/news/154000320/4054640.html

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by | January 28, 2012 · 6:33 am

Hospitality Industry Employee Risks: Florida Hotel Employee Arrested For "Grand Theft" Of Laptops And Smartphones Over Past 18 Months

After nearly a year and a half, Orange County detectives have cracked a case they said involves thousands of dollars in theft from convention-goers and exhibitors at the Rosen Shingle Creek Resort.

Rodney Hyppolite was arrested this week and charged with grand theft in the case. Some of the crimes he’s accused of date back to August 2010.

Police reports show Hyppolite admitted to stealing laptops, smartphones and other electronics while he was working at the International Drive-area hotel.

He’s also charged with theft from a local Lowe’s store. Cops said Hyppolite profited by selling the electronics at a variety of local pawn shops — mostly Cash America locations. Investigators even matched the suspect’s fingerprints to documents from the pawn shops before getting his confession.

For more:  http://www.wftv.com/news/news/local/sheriff-employee-busted-serial-thief-rosen-resort/nHJfh/

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by | January 26, 2012 · 1:02 am

Hospitality Industry Employee Risks: Texas Hotel Sued By Former Restaurant Manager For "Retaliation" After Family Leave Of Absense

“… the company denies that Wike was fired in retaliation for taking time off under the FMLA…”

Back in November, the former restaurant manager for the Overton Hotel filed a labor lawsuit, claiming she was fired in violation of the Family and Medical Leave Act. On Wednesday, the management company for the Overton, 1859 Historic Hotels Ltd., responded.

Kerri Wike claims she never had a bad job review prior to taking leave to care for her mother in the summer of last year. She claims that when she came back to work on Sept. 1, she was given the choice to resign or be fired.

The Overton says, “All actions taken by the Defendant were in good faith, were made in conformance with applicable law, were taken based on reasonable grounds for believing that its actions were not in violation of law, and were for legitimate, nonretaliatory reasons.”

For more:  http://www.kcbd.com/story/16603000/overton-hotel-responds-to-lawsuit-by-former-manager

Other than denying retaliation, the Overton’s response is not specific as to why Wike was fired.

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by | January 25, 2012 · 1:38 am

Hospitality Industry Property Risks: Texas Hotel's Insurance Company Sues "Irresponsible Hotel Guests" For Causing Fire Sprinklers To Flood 39 Rooms On Four Floors

“…the defendants damaged the hotel by hanging clothes on a fire sprinkler head mounted to the wall…the hanger broke the glass tube component in the sprinkler, which caused it to activate and release enough water to flood 39 rooms on four floors, a workout room and four corridors…”

An insurance company is suing over claims irresponsible hotel guests in River Oaks activated a sprinkler system, causing 39 rooms to flood. Lexington Insurance, on behalf of RLJ Development, filed a lawsuit on Monday, Jan. 23 in the Harris County District Court against Al J. Mizrahie, doing business as Belladonna U.S.A., and others, citing negligence.

Carpets, padding, drywall, baseboards, bedding, furniture and fixtures were damaged during the incident, the plaintiff claims.

For more:  http://ultimatemontrose.com/stories/315610-guests-accused-of-flooding-39-rooms-at-river-oaks-hampton-inn

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by | January 24, 2012 · 1:25 am

Hospitality Industry Legal Risks: Texas Hotel Sued For "Negligence" In "Slip-And-Fall" Accident

“…According to the brief, Rodriguez fell, while holding his son, when he slipped on algae growing on a walkway at the hotel…”

A Harris County man is suing over claims he was hurt while staying at a Spring-area extended-stay hotel.
Roy Rodriguez filed a lawsuit on Jan. 20 in Harris County District Court against Sun Suites of Green’s Point, and others, citing negligence.

Rodriguez says he suffered injuries as a guest at Sun Suites Extended Stay Hotel, located at 12010 Kuykendahl Road in Spring. Rodriguez is seeking damages and court costs. He is being represented in the case by Houston attorney Mehran “Mike” Talabi.

For more: http://www.ultimatespringtx.com/stories/315167-courts-spring-hotel-named-in-slip-and-fall-suit

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by | January 23, 2012 · 8:06 am

Hospitality Industry Property Risks: Texas Hotel Completes Installation Of "Shatter-Resistant" Window Panes That Can Withstand "Hurricane-Force Winds And Even Bomb Blasts"

Glass panels were removed from balconies on the 37-story, $300 million building in mid-2011 after eight panels shattered on three separate occasions in June, raining glass into the hotel´s pool area and onto adjacent streets.

Final repairs will soon begin on balconies at the W Austin Hotel and Residences, with workers set to install about 1,000 panes of specially engineered glass that can withstand hurricane-force winds and even bomb blasts, according to its manufacturer.

  • SentryGlas, a product from DuPont, was determined to be the right choice, Armstrong told the American-Statesman.
  • The contractors, not Stratus, will pick up the tab for the $2.5 million project, Armstrong said. About $500,000 has already been spent removing the original glass, as well as providing security guards and protective walkways while that work was under way.
  • SentryGlas has an interlayer that holds together shattered panes, according to Harvey. But, he said, its interlayer is much, much tougher than typical laminated glass — 100 times stiffer and five times stronger.
  • Instead of brackets on the sides, the glass will now be inset with stainless steel mounts at the top and bottom of each panel.

For more: http://www.glassonweb.com/news/index/14953/

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by | January 22, 2012 · 8:39 pm

Hospitality Industry Property Risks: Wisconsin Hotel "Stairwell Pipe Bursts" On Seventh Floor Damaging Eight Rooms

“… a pipe broke in a stairwell. Water poured out for at least ten minutes and ended up in the basement of the hotel.  Eight guest rooms had water logged carpets which will have to be torn out…”

The Pfister Hotel is dealing with a mess after a pipe burst and several rooms flooded Saturday. Clean up crews spent the day at the historic hotel in downtown Milwaukee Saturday.

Fans were brought in to help dry out other areas. The hotel itself is still open.  But the burst pipe foiled Tammy Spoek’s day at the hotel’s spa.  “I was down at the spa and i was hearing that there was water. Water’s coming from the ceilings. So she came to me and said Tammy, I’m really sorry but we’re going to have to cancel your appointment,” Tammy said.

Spoek says it appeared the pipe broke somewhere near the seventh floor.

Hotel management says they believe the burst pipe is due to the cold temperatures the last few days.

The Pfister’s computer system apparently went down.  But the hotel and its restaurants did remain open.

For more:  http://www.620wtmj.com/news/local/137827354.html

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