Category Archives: Liability

May 6, 2013 · 5:32 am

Hospitality Industry Legal Risks: New Mexico Restaurant Sued By Family Of Man Killed After “Leaving While Intoxicated”; Lawsuit Claims Corporate Policy Of “Driving Up Liquor Sales”

“…The lawsuit says the restaurant’s employees shouldn’t have served Varela the 20-ounce “Brewtus” beers and should have Alcohol Drink Responsiblystopped him from leaving while intoxicated…It also accused Applebee’s corporate leadership of encouraging its restaurants to drive up liquor sales, especially late at night, a policy it says “created a dangerous situation…”

The estate of a man who was struck and killed by a truck filed a lawsuit against the Taos restaurant that served him several 20-ounce beers, saying he was over served before he walked out of the restaurant and into the street where he was killed. The Albuquerque Journal reports Julian Varela, 49, had a blood alcohol level four times the legal limit for driving when he left the Applebee’s Neighborhood Grill and Bar on Dec. 29, 2011.

He was killed by a teen driver who wasn’t cited in the incident. The lawsuit names the 17-year-old as a defendant, saying he was negligent.

An attorney for Varela’s estate wouldn’t say where they got the internal emails and records those accusations are based on. The lawsuit references police reports from 2008 to 2011 that list 90 incidents, and the chain’s own log entries of gunshots, fights, assaults and other incidents at the restaurant.

It seeks punitive and other damages.

For more:  http://www.azcentral.com/news/free/20130501new-mexico-applebees-sued-over-drunk-pedestrians-death.html

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May 5, 2013 · 7:27 am

Hospitality Industry Legal Risks: Ohio Motel Sued For $25,000 By Guest For “Bed Bug” Bites Requiring Medical Treatment; Staff Should Have Recognized Signs Of Infestation

“…in the morning, she claims she had bed bug bites, which were severe enough she required medical treatment. The bugs also reportedly infested the luggage she had with her. When she arrived home, the bed bugs reportedly infested her home…(the Bed Bugs in Hotel Roomsplaintiff) contends the staff should have been trained to recognize the signs of bed bugs, identified the problem, reported it to management and called in proper pest control measures to eradicate the creatures. She also believes she should have been alerted of the unsafe conditions of the room…”

A lawsuit was filed in Columbiana County Common Pleas Court this week seeking damages from bed bugs allegedly discovered last summer by a guest at Barnett’s Motel on U.S. Route 62 west of Salem. Jacki Covert, of Antiock, Ill., claims she rented room 110 on June 24, 2012 and spent a night at the motel.

According to the lawsuit, Hemiptera, which are also known as bed bugs, suck blood and rapidly reproduce. The bugs can be difficult to control, even in the cleanest facilities. The bugs shed their skin as they grow, leaving behind proof of their existence on sheets, pillow cases, couches, chairs, carpets and floors throughout the room.

She is seeking in excess of $25,000 in relief.

For more:  http://www.salemnews.net/page/content.detail/id/565283/Woman-sues-Barnett-s-Motel-over-alleged-bedbug-infestation.html?nav=5061

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May 4, 2013 · 6:25 am

Hospitality Industry Insurance Risks: Hotels Must Purchase “Additional Terrorism Clause” To Have Losses Covered When Government Classifies Bombing Incidents “Acts Of Terror”

“…(after September 11 attacks) ”acts of terror”  were excluded from (regular insurance) policies. They made it an optional add-on that businesses Acts of Terror Insurance Coveragehad to purchase separately to have damage covered that resulted from officially declared acts of terrorism, meaning the government’s categorization of the incident will determine who pays for what…”

The hotels located on or near Boylston Street are still trying to get their feet back under them after the tragedy in Boston, reeling from the lack of business associated with the incident’s aftermath. Hotels are looking to their insurance companies to cover their losses, but, interestingly enough, the payout depends upon whether or not the government officially declares the marathon bombings an “act of terror.”

 According to ABC News, President Obama called the bombings an “act of terror,” but the treasury secretary, attorney general, and secretary of state have yet to speak on the designation, and have set no time frame in which to do so.

“If there is no terror finding, damages would be covered in general under regular property-and-casualty policies,” Robert Hartwig, president of the trade group Insurance Information Institute, told ABC News. If it’s declared an “act of terror,” however, only those who purchased the additional terrorism clause would have their losses covered by insurance.

For more:  http://www.hotelchatter.com/story/2013/5/2/114339/2751/hotels/%22Terrorism_Insurance%22_a_Hot_Debate_as_Boston_Hotels_Still_Struggle_

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May 2, 2013 · 4:26 pm

P3 Hospitality Industry Risk Report: “Improving Hotel Security After Boston” Presented By Petra Risk Solutions’ Director Of Risk Management Todd Seiders (Video)

In the wake of the Boston Marathon bombings, it’s time to re-examine our security efforts and update our attitudes and training. Petra Risk Solutions’ Director of Risk Management, Todd Seiders , offers a P3 Hospitality Risk Update – ‘Improving Hotel Security after Boston’. 

P3P3 (Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.

For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.

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· 5:28 am

Hospitality Industry Property Risks: Michigan Restaurant Electrical Fire Caused By “Kitchen Materials Improperly Stored”; Heat Causes Pipes To Burst And Extensive Water Damage

“…the cause was improper storage of materials from the kitchen in an area not intended for storage…the heat caused pipes to burst, so there is Restaurant Firewater and smoke damage to the entire building…Normally the cleanup contractors can get things cleaned up if they can get in there right away, but the major issue will be damage to the electrical system…”

An early morning electrical fire has closed Culver’s restaurant on 9th street for at least a few weeks, general manager Jennie Atteberry said Tuesday morning. Texas Township fire chief Mike Corfman said his department was dispatched at 4:32 a.m. Tuesday when a delivery man noticed a haze at the  restaurant and  called 911.

When firefighters arrived they found heavy smoke coming from the utility room, he said.

It took only 10 minutes to put out the fire, which was contained to the utility room. There were no injuries in the fire.

For more:  http://www.mlive.com/news/kalamazoo/index.ssf/2013/04/electrical_fire_closes_culvert.html

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May 1, 2013 · 6:33 am

Hospitality Industry Privacy Risks: Texas Hotel Employee Arrested For “Attempted Improper Photography And Visual Recording”; Cell Phone Placed In Ceiling Above Guest Room Shower

“…Police say a guest reported hearing an alarm-type sound coming from the bathroom area of her hotel room while she was in the shower…she hotel room privacyfound a small pinhole with a camera lens behind it in the ceiling. After moving the tiles, she discovered the cell phone…Hotel security removed the camera from the ceiling and noted that it was powered on…The room’s electric lock showed that (the defendant) had entered the room the day prior with the key assigned to him….”

A housekeeper at the Hyatt Regency hotel located at 208 Barton Springs is charged with misdemeanor attempted improper photography and visual recording. Blue Moo Too, 30, is charged after his cell phone was found hidden in a ceiling tile above the shower of one of the hotel rooms.

Video on the phone showed a man placing it in the bathroom ceiling and wiping away his footprints from the bathtub. The hotel’s executive housekeeper identified the man as her employee, Too, a housekeeper at the hotel.

Too was booked into Travis County Jail on April 12 with a $25,000 bail. He has since bonded out. Police say they didn’t find evidence of any other victims on his cell phone. His computer is still being looked at. At this time, the former housekeeper is facing up to one year in jail and a fine of no more than $4,000.

For more: http://www.kvue.com/news/Hyatt-hotel-worker-charged-with-improper-photography-203045331.html

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April 30, 2013 · 5:54 am

Hospitality Industry Legal Risks: Louisiana Hotel Sued By Guest Who Broke His Nose Walking Into A Glass Door; Claims “Unmarked Electric Glass Door Failed To Open Properly”

“…The (hotel) is accused of failing to keep doors properly functioning for its guest, failing to have doors properly marked for its guest, failing to Hospitality Industry Injury Lawsuitsensure the safety of its guest, failing to comply with the legal and contractual obligations for its guest, failing to act in good faith in paying for the losses of its guest and breaching its fiduciary duties and obligations for its guests…”

An Atlanta, Ga. man is suing a local hotel after he broke his nose when he walked face first into a glass door. Timothy Daniel filed a lawsuit against Clarion Inn & Suites, Choice Hotel International Inc. and their insurer in the Orleans Parish Central District Court on Feb. 15.

Daniel claims that while exiting the hotel building, without any warning signs, he walked into an unmarked electric glass door and broke his nose because the door failed to open properly.

The plaintiff is seeking full and just compensation for his losses caused by the injuries.

For more:  http://louisianarecord.com/news/251299-hotel-guest-sues-over-broken-nose-after-walking-into-glass-door

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April 28, 2013 · 3:29 pm

Hospitality Industry Property Risks: Texas Restaurant Is A “Total Loss” After Kitchen Fire Destroys Building; “Old Structure” Was Not Insured

“…No one was injured but the Yum Yums building was a total loss…it was not insured. Fire officials believe the fire sparked in Restaurant Firethe restaurant’s kitchen downstairs, but the exact cause is unknown. The structure is unsafe for fire investigators to go inside, so the department will not be able to determine an exact cause…”

Three people were uninjured following an early morning fire at a downtown Jacksonville restaurant Sunday. At 12:12 a.m., a man who lived in an apartment above Yum Yums Restaurant and Bakery, in the 200 block of South Main Street, woke up to an explosion sound and ran downstairs, said Jacksonville Fire Chief Paul White.

The structure fire was located about a block from the fire station, and firefighters arrived on scene at 12:13 a.m., White said. There was fire at the back of the building and heavy smoke in the front when firefighters arrived, he said. Flames were soon shooting from the roof and out windows.

The fire quickly consumed the old structure, making it unsafe for crews to be the inside the building. Five ladder trucks from numerous departments were on scene to help, White said.

“It was a big fire, and the ladder trucks saved the day,” White said. “It as too dangerous to go inside so it was basically a defensive fire. (firefighters) basically put a lot of water on it.”

For more:  http://www.tylerpaper.com/article/20130428/NEWS01/130429754

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April 27, 2013 · 6:25 am

Hospitality Industry Safety Solutions: “Hotel Pool Safety Inspection Checklist Mobile App” Represents Latest Mobile Technology For Hotel Managers (Video)

The Pool and Spa Inspection Operators app provides detailed checklists that can be completed on a mobile device for the following areas: signs, safety features, chemicals, water clarity and general pool conditions, water circulation, pool facilities and general operation. This app also offers customization for pool or aquatic centers needs.

For more: http://www.gocanvas.com/mobile-forms-apps/8311-Hotel-Pool-Safety-Self-Inspection-Checklist-

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April 26, 2013 · 6:13 am

Hospitality Industry Crime Risks: Las Vegas Hotel Guest Rooms Burglarized By Thieves “Walking Down Hallways And Door Pushing”; Victims Held In Bathroom While Personal Items Stolen

“…Thieves can walk down a hallway and just by slightly pushing on a door can determine those rooms that are left unsecured… But Hotel Burglariesjust days after the couple’s stuff was stolen from the Luxor, police arrested two men for a similar crime at Excalibur…This time police paperwork indicated the thieves held the victims in the bathroom and stole their stuff. Hueslkamp think it’s tied to his case and said the hotel should be responsible for what’s stolen…”

Some Las Vegas tourists expect to lose thousands gambling inside the casino, but if they’re not careful they could also get ripped off inside their hotel room. Huelskamp, an Ohio tourist, told Action News his story via Skype. He said that he and his fiance were staying at the Luxor and while they were sleeping a thief walked right into their room. It’s crime police call “door pushing” and it can happen at any hotel.

The couple took a photo of the door they thought closed behind them. There is no dead bolt and after a long road-trip to Las Vegas they went to bed thinking they were safe. “We went to bed, we know at 1:26 a.m. because we watched a movie on the iPad that was later stolen,” Huelskamp said. “It was no further than six inches away from my beautiful wife’s head.”
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Police don’t know how often door pushing happens because they get hundreds of reports of burglaries every day. After this happened and even in travels today I am still a little weary about staying in a hotel no matter where we are,” he said.
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The Luxor sent Action News a statement that reads “We are sorry for the Hueslkamp’s unfortunate experience. Our resorts have extensive security and surveillance systems in place but there is no substitute for being alert. Even on vacation, guests should always remain aware of their surroundings and ensure their hotel room doors are securely closed and locked at all times.”
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