Category Archives: Insurance

by | July 4, 2010 · 10:30 am

Future Hotel Liability Issues: 3D Televisions Will Begin To Be More Common In Hotel Rooms But Will Bring Health Risks In Form Of Seizures And Headaches Along With Theft Of Glasses

 “…there have been reported issues with 3-D causing seizures and headaches in certain segments of the population—which could be a liability issue for hotels…”

.. if 3-D becomes commonplace in the home, expect hoteliers to feel the pressure to bring it into the guestroom sooner or later.

“There needs to be content and a way for hotels to collect more for investing in these TVs,” said Anthony Fonzo, senior product marketing manager, Philips Hospitality. “The 3-D television sets are a significant additional investment for the hotelier. There are also a number of questions—will guests pay to watch 3-D, be comfortable wearing glasses and will the glasses stay in the rooms or become another item that is frequently stolen?”

“We don’t believe 3-D will be relevant for the high majority of hotel rooms,” said Rick Albert, VP sales, hospitality, Panasonic. “TVs would have to be completely replaced and we just don’t see 3-D as enough of an incentive for a property to spend the dollars to do another compete renovation. Plus, until the cost of glasses comes down, it is far too cost-prohibitive to keep glasses in rooms and to replace them often.”

For more:   http://www.hotelworldnetwork.com/0710design

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by | July 2, 2010 · 8:47 am

Hotel Industry Fitness Center Risk Management: Hotel Operators Must Keep Detailed Equipment Maintenance Records And Use Caution With Trainers To Limit Injury Liability

What many facility operators fail to realize is that when it comes to defending legal claims, keeping detailed maintenance records for all equipment is just as important as the maintenance itself. “Somebody will get hurt and they’ll say either that the piece of equipment was defective or broken or not maintained well,” says Bradley. “Even if you did do regular maintenance, the question will be, ‘Where are your records showing that?’ If you reply, ‘Well, our records aren’t very good,’ then your case falls apart.”

“…most trainer-related injuries occur during the trainer’s first or second meeting with a new client, when trainers sometimes try to push out-of-shape exercisers beyond their abilities. “There’s a mentality among some people that ‘the more someone pushes me, the better that is,'” Fried says. “You end up with a trainer trying to make a good impression on the client, and they give them a full boot-camp-style treatment, and the client may just not be ready for that.”

Proper risk management in the fitness center begins, but does not end, with an industry-specific insurance plan. “Make sure you’re dealing with a broker who understands the risks that might be facing a health and fitness center,” Bradley says. “I’ve come across numerous cases where people thought they had the right kind of insurance plan, and, lo and behold, there was some kind of strange or vague exclusion in the policy that precluded coverage.”

Unfortunately, even the perfect insurance package can only go so far in protecting fitness facilities if a range of other risk management practices aren’t also in place. “There are enough competent brokers out there who understand the risks specific to the industry and who can sell you the right policy, so most clubs end up fairly well protected,” Bradley says. “But if you don’t do all the little things — like regular equipment maintenance logs — and you get hit and start to lose a couple lawsuits, you may still find a broker to write you a policy, but your premiums are going to be frightening.”

Facility owners may also put too much stock in their waivers, which have been deemed insufficient by some courts in protecting organizations from liability. Bradley notes that waivers remain a state-by-state issue, but says he has noticed a trend in the past three or four years in cases involving health and fitness facilities in which many courts “are finding ways to chip away at, find their way around and invalidate waivers.”

For more:  http://www.athleticbusiness.com/articles/article.aspx?articleid=3579&zoneid=28

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by | July 1, 2010 · 11:35 am

Hotel Industry Pool Safety: Hotels Must Create Safe Pool Environment For Young Children Who Need Supervision And Visibility

“Probably the most important thing, especially when you’re dealing with young children, is that they are always supervised around a body of water,” said Heather Board, an unintentional injury prevention program director at the Virginia Department of Health. “Children can drown in an instant, and contrary to popular belief, it tends to be a very silent drowning. There’s not a lot of splashing.”

In addition to close supervision, all pools should have a phone readily accessible in case there is a need to call emergency services. Barrier methods such as a fence with a self-closing gate also are important.

Adults supervising children in a pool should be free of distractions, Board said. The health department recommends one adult be designated the “water watcher” to keep a close eye on the children in the pool.

“There’s a difference between supervision and actively supervising,” Board said. A “water watcher” should not have side conversations with other adults, talk on the phone or leave the immediate area, she said. “They’re really paying close attention.”

For more:   http://www.suffolknewsherald.com/news/2010/jun/09/water-safety-paramount-good-times-pool/

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by | June 29, 2010 · 8:08 am

Hotel Pool Safety Legal Risks: Hotel Owners Must “Go Above And Beyond” Pool Safety Standards To Avoid “Negligence Per Se” Lawsuits

“…In a Negligence Per Se case, once the plaintiff demonstrates the defendant failed to comply with an applicable statute, it creates a presumption that the duty was breached.”

“…compliance with…statutory requirements alone may not be sufficient to ward off a lawsuit in the event of a swimming pool-related injury because the Swimming Pool Industry Standards recommend safety precautions that go above and beyond the statutory requirements of the building and/or health codes…”

 For example, depending on the size and configuration of the pool(s), the building and/or health codes of most jurisdictions typically require that, at a minimum, the water depth be indicated by signs that are mounted in the pool deck at specified intervals and on the vertical wall in the tile line. Additionally, if there is no lifeguard on duty, then most jurisdictions require a sign advising swimmers of that fact.

For more:   http://findarticles.com/p/articles/mi_m3072/is_15_224/ai_n48840673/

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by | June 27, 2010 · 7:39 am

Hotel Pool Health Risks: Use Of Chlorine Kills Many Pathogens But Produces Chloramines That Can Cause Respiratory And Ocular Illnesses

“…although chlorine kills many potential pathogens, it can also react with human wastes such as perspiration, urine, skin particles, and lotion in pool water to form chloramines and trihalomethanes. Chloramines may remain in the pool water or volatilize into the air, where they create the pungent smell and acutely irritating properties of air above swimming pools..”

“…an outbreak associated with a swimming pool and attributed to chloramine exposure led to cough or ocular symptoms in > 70% of pool patrons interviewed.  Chloramine levels in pool water depend on chlorine and nitrogen concentrations, pool pH, temperature, and water circulation patterns.

However, chloramine levels in the air above swimming pools are also influenced by ventilation and the pool water chemistry. Indoor pools are likely to be less well ventilated than outdoor pools, so the risks associated with chloramine exposure are likely to differ between indoor and outdoor swimming pools.

For more:   http://ehp03.niehs.nih.gov/article/fetchArticle.action?articleURI=info:doi/10.1289/ehp.9555

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by | June 25, 2010 · 5:33 am

Hospitality Industry Employment Risk Management: Costly Immigration-Related Legal Issues Can Be Covered With Employment Practices Liability Insurance Enhancements

With the average defense cost of a single plaintiff suit hovering around $100,000 and the average award at about $500,000 based on lawyers’ anecdotal reports, employment practices liability insurance has become a must-buy policy for most businesses for protection against claims of wrongful termination, sexual harassment, and age and race discrimination.

If the U.S. Immigration and Customs Enforcement opened a costly investigation of your business and employment practices, would the legal costs be covered under your existing employment practices liability insurance policy?

For many companies, the answer is surprisingly no.

When underwritten with the right enhancement, an EPLI policy can also provide valuable protection against immigration-related issues and government inquiries, which have risen dramatically in recent years.

The U.S. Immigration and Customs Enforcement (ICE) reports:

  • Onsite employment eligibility verification (known as I-9 inspections after the I-9 form required for each new employee) more than doubled in 2009 versus the previous year to 1,069 cases. 
  • Notice of Intent to Fine (NIF) cases have also risen substantially, from 32 cases totaling $2.3 million in fines in 2008 to 142 cases totaling $15.8 million in fines in 2009.

For more:   http://www.property-casualty.com/Issues/2010/June-1421-2010/Pages/Employment-Practice-Issues-Surface-As-Immigration-Policy-Debate-Rages-.aspx

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by | June 24, 2010 · 11:39 am

Hotel Internet And Cybercrime Risks: Texas Hotel Management Company Is Targeted By Thieves Who Steal Dozens Of Customer Credit Card Accounts From Accounting System

“…the thieves made off with the credit card information of dozens of customers who ate at various Destination Hotels & Resorts properties, which are located in a total of 15 states…”

The Austin Police Department said thieves hacked intoThe Driskill Hotel management company’s accounting system and stole customer credit card information.

Authorities said they do not yet know exactly how many victims may have been affected, however, locally, police have received about three dozen complaints of fraudulent transactions, averaging $2,000-$3,000 each.

Losses are expected to total hundreds of thousands of dollars.  The United States Secret Service is also investigating.

For more:   http://www.news8austin.com/content/headlines/272023/driskill-hotel-customers-affected-by-credit-card-theft

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by | June 22, 2010 · 6:00 am

Hotel Pool And Spa Water Illness Risks: New Mexico Hotel Pool Is Shut Down After Two People Contract Legionnaire’s Disease (Video)

[youtube=http://www.youtube.com/watch?v=SVDCCCqCTxg]

(Double Click Screen to go to YouTube to view)

The Best Western Inn in Socorro shut down its pool and spa after the state Health Department and the Environment Department said two people who stayed in the hotel contracted Legionnaire’s disease.

The state Health Department lab confirmed last month that water collected from the hotel contained Legionella , the bacteria that causes the Legionnaire’s Disease, spokeswoman Deborah Busemeyer told The Independent.

“We did have a couple of people from South Carolina diagnosed with Legionnaire’s Disease and the likely exposure was the hotel,” Busemeyer said.

Asked to confirm that a third guest, from California, had also fallen ill, Busemeyer said: “I believe so, but I don’t have details on that.”

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by | June 17, 2010 · 7:05 am

Hospitality Industry Employee Injury Prevention: “Hands-On” Training Of Latino Employees On “Injury Prevention”, In Both English And Spanish, Will Lower Injury Rates And Save Companies Money In Long Run

“… the company provides monthly, hands-on training to workers in both English and Spanish. The company, which owns franchises of Carl’s Jr., Green Burrito, Papa John’s and Denny’s, has mostly Latino workers.”

“…Gonzalez said providing hands-on training lowered the company’s injury rate by 20 percent this past year.”

Recent data show that Latino workers are more prone to workplace-related fatalities and injuries.

Safety consultant Art Pedroza offered companies an alternative to medical payouts and legal fees: train the workers how to not hurt themselves.

“Latino workers are exposed to more risks and mortalities in the workplace than other workers. That’s more reason to emphasize how to keep them safe,” said Pedroza, outgoing president of the Orange County chapter of the American Society of Safety Engineers. He spoke at a chapter meeting held Wednesday at the Anaheim Park Hotel in Fullerton.

For more:  http://www.ocregister.com/news/workers-253791-pedroza-latino.html?cb=1276780048

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by | June 14, 2010 · 3:19 am

Hotel Industry Health And Safety Risks: Carbon Monoxide Poisoning At A New Hampshire Hotel Is Cited By OSHA As A “Correctable Situation”

“The employer did not implement feasible administrative or engineering controls to reduce or eliminate this exposure,” the citation says.

The state Fire Marshal’s Office and the Consumer Product Safety Commission are looking into a carbon monoxide leak at the Hilton Garden Inn in February that sickened 11 people.

The review includes city officials from the building and fire departments and is in addition to an inquiry the Occupational Safety and Health Administration did.

Hilton spokesman Scott Tranchemontagne described the fire marshal’s review as “educational” and said officials are trying to figure out if factors other than a malfunctioning vent pipe contributed to the February leak.

“The Hilton Garden Inn did not know this would become a problem, but as soon as it did, we took every step to remedy the situation,” he said. “We’re cooperating fully and we’ll continue to cooperate fully until every question is answered.”

OSHA hit the local Hilton’s owner, Parade Hotel LLC, with several citations late last month, including one for $2,500 related to employees getting sick during the February CO leak.

OSHA classified the CO citation as “serious,” meaning “the workplace hazard could cause injury or illness that would most likely result in death or serious physical harm, unless the employer did not know or could not have known of the violation.”

For more:   http://www.fireengineering.com/index/articles/Wire_News_Display/1202514041.html

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