Category Archives: Liability

by | May 14, 2013 · 6:21 am

Hospitality Industry Health Risks: “Non-Smoking Rooms” In Hotels With Partial Smoking Bans “Are As Polluted With Third Hand Smoke” As Smoking Rooms, New Research Demonstrates

“…Air nicotine levels in smoking rooms were significantly higher than in non-smoking rooms; (but) they were also 40% higher in smoke free hotelsnon-smoking rooms of hotels operating partial smoking bans than in those operating total bans…findings demonstrate that some non-smoking guest rooms in smoking hotels are as polluted with [third hand smoke] as are some smoking rooms…”

Non-smoking rooms in hotels operating a partial smoking ban don’t protect their occupants from tobacco smoke, reveals new research published online in Tobacco Control. The researchers analyzed the surfaces and air quality of rooms for evidence of tobacco smoke pollution (nicotine and 3EP), known as third hand smoke, in a random sample of budget to mid-range hotels in San Diego, California.

Ten hotels in the sample operated complete bans and 30 operated partial smoking bans, providing designated non-smoking rooms.

Non-smokers who spent the night at any of the hotels, provided urine and finger wipe samples to assess their exposure to nicotine and a cancer causing agent found specifically in tobacco smoke—known as NNK—as measured by their metabolites cotinine and NNAL.

The findings showed that smoking in hotels left a legacy of tobacco pollution in both smoking and non-smoking rooms. A partial smoking ban did not protect the occupants of non-smoking rooms from exposure to tobacco pollution.

For more:  http://blogs.bmj.com/tc/2013/05/14/new-study-partial-smoking-bans-in-hotels-fail-to-protect-guests-from-tobacco-smoke/?q=w_tc_blog_sidetab

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by | May 13, 2013 · 6:31 am

Hospitality Industry Legal Risks: Pennsylvania Restaurant Settles “Excessive Alcohol Lawsuit” For $8.9 Million; Staff To Complete “Responsible Alcohol Management Training” And Establish “Designated Driver Program”

“…(the drunk driver) consumed at least six liters of beer and several  shots of liquor over a period of about 41/2 hours…(he) vomited on a table and was  escorted out of the bar by security. He was allowed to leave, walked to his car  and crashed a short time later…his Hospitality Industry Excessive Alcohol Lawsuitsblood-alcohol level an hour after the crash was 0.219, more than twice  the legal limit…”

  • The restaurant’s staff, including managers, servers, bartenders and security, to be certified  in Responsible Alcohol Management training through an approved Pennsylvania  Liquor Control Board trainer.
  • Responsibility for identifying intoxicated guests will be included in job  descriptions for security personnel. In addition, the restaurant will establish  guidelines for responsible alcohol service and disseminate those to  employees.
  • It will use a new point-of-sales system to provide individual checks so they  know how much alcohol each customer is getting.
  • It also will provide water to  guests to slow alcohol consumption; will establish a designated driver program  providing complimentary non-alcohol beverages and will provide free light food  for guests who appear to be intoxicated.

The family of a 7-year-old girl who was killed by a drunken driver in 2010  after he left the Hofbrauhaus restaurant on the South Side on Tuesday reached a  $15.6 million settlement with the company. In addition to the financial payout, the German-style facility has agreed to  a number of changes in its protocol to try to reduce customer intoxication and  drunken driving.

Lexa Cleland, who was asleep in the back seat as her mother drove to pick up  her husband, Mark, from work the night of Dec. 4, 2010, was killed instantly  when her mother’s Toyota Camry was struck by a Ford Mustang driven by Travis  Isiminger on East Carson Street on the South Side.

The settlement breakdown pays $8.9 million to Nicole Cleland; $500,000 to  Mark Cleland; $2.1 million to the estate of Lexa Cleland; and just over $4  million to their attorneys, Goodrich & Associates, for costs and fees.

The lawsuit was filed against Hofbrauhaus and Isiminger, whose insurance will  be responsible for paying $100,000 of the settlement.

Read more: http://www.post-gazette.com/stories/local/neighborhoods-city/owners-of-south-sides-hofbrauhaus-settle-in-girls-death-for-156-million-686644/#ixzz2TBFxrkyx

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by | May 12, 2013 · 6:52 am

Hospitality Industry Legal Risks: Florida Restaurant Settles Justice Department “Disabilities Lawsuit” For $60,000; “Family Was Told To Leave Over Their Children’s Skin Condition”

Hospitality Industry ADA Lawsuits“…according to the lawsuit, Danielle Duford and her children were asked to leave the restaurant after other customers noticed the skin condition of her infant daughter. Three of Duford’s four children have epidermolysis bullosa…”

A restaurant will pay $60,000 after telling a family to leave over their children’s skin condition. As reported by the Associated Press (AP), the U.S. Justice Department announced the settlement Wednesday.

The department filed a lawsuit against the Golden Corral in Westland in February claiming that ejecting the family had been a violation of the Americans with Disabilities Act.

Justice Department civil rights lawyer Eve Hill is quoted by the AP as stating of the settlement, “No one should be excluded from participating in the basic activities of daily living on account of fears of their disability, nor should children be shamed from going out in public… We are confident today’s settlement sends that message.”

For more:  http://www.newyorkinjurynews.com/2013/05/11/Restaurant-to-pay-family-after-ejecting-them-for-kids-skin-condition_201305119426.html

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by | May 10, 2013 · 6:44 am

Hospitality Industry Risk Solutions: Hotel Housekeeping Carts Are Now Smaller Leading To Increased Room Security, Less Employee Injuries And Reduction In Amenity And Towel Theft

 “Items are not exposed to people walking through hallways so theft of amenity items or towels is greatly reduced…there’s a safety issue, too…Housekeeping staff would park the larger carts outside and keep the door open while they cleaned…not so with the Hotel Housekeeping Safety & Securitysmaller version…the guest comes back and sees the door wide open (and would) think anyone can get in the room…”

“Linen closets (are now) situated closer to the rooms for easy access, eliminating the need for the larger carts. The housekeeping staff has been more productive with the smaller carts because they can move around more quickly, he says. They’re also less prone to injury as the larger carts were heavy to push around…”

Big, rolling housekeeping carts are disappearing from many hotel hallways, just like the floral polyester linens they used to carry. Hotels say they’re replacing cumbersome carts with smaller ones sometimes akin to golf caddie bags out? of necessity, in addition to convenience and even appearance.

Among those saying goodbye to the hall-blocking carts: The Staybridge Suites Times Square in New York, The Ritz-Carlton in Charlotte and the Renaissance Charlotte SouthPark Hotel.

Hotel general managers say there are a number of reasons why smaller is better.

  • Hotels don’t use duvets and bulky linens anymore, so there’s no need for large carts, they say. Plus, storage space is at a premium, and smaller carts don’t take up much space.
  • The bags are small enough to take into the room and leave the hallways clear and safe. They also don’t nick the walls of elevators and corridors like the large carts did.
  • But more important, the guests prefer them, says Rich Hotter, general manager of the Staybridge Suites Times Square.

For more:  http://www.usatoday.com/story/hotelcheckin/2013/05/10/hotels-housekeeping-carts/2146993/

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by | May 8, 2013 · 6:10 am

Hospitality Industry Health Risks: Nevada Restaurant Sued After “Salmonella Food Poisoning” Outbreak; “Inadequate Hand Washing, Handling Of Food With Bare Hands, Improper Food Storage” Violations Found

“…health inspectors were sent to the restaurant to investigate…they found multiple violations including: employees handling ready-to-eat food with bare hands, inadequate hand washing by foodhandlers; inadequate or missing cooling and heating logs for food; raw ground beef stored Salmonella Enteritidisover cooked chicken and raw seafood; fruit flies and small moths in the cooking area; and broken cooking thermometers and foods not being held at proper temperatures…”

A Pennsylvania woman has filed a lawsuit against the Firefly on Paradise, a Las Vegas restaurant. She is seeking compensation for allegedly contracting Salmonella food poisoning from the restaurant. She is being represented by Fred Pritzker, Brendan Flaherty and Ryan Osterholm, who are also representing several other people allegedly sickened in the outbreak.  Pritzker, Flaherty and Osterholm are part of PritzkerOlsen law firm’s Bad Bug Law Team.

The firm’s client is one of the 89 people sickened in a Salmonella outbreak associated with the Firefly. She and her husband were visiting Las Vegas in late April. On April 24, they ate dinner at Firefly on Paradise. Two days later, she developed symptoms that included nausea, fever, abdominal cramps and bloody diarrhea. She is still receiving medical treatment.

According to the complaint, those foods include but are not limited to: pork, calamari, garlic in oil, potatoes, tortilla empanada, lettuce, shrimp, mussels, claims, chicken and fish. The restaurant has been closed during the outbreak investigation to reduce the risk to public health.

For more:  http://foodpoisoningbulletin.com/2013/salmonella-lawyers-file-lawsuit-against-firefly-restaurant-in-las-vegas/

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by | May 7, 2013 · 6:18 am

Hospitality Industry Property Risks: New Jersey Restaurant Fire Started With “Motor On Top Of Walk-In Cooler”; Floor Collapses And Dining Room Destroyed By Smoke Damage

“…the preliminary investigation indicates the fire might have started with a motor on top of a walk in cooler but this is still under Restaurant Fireinvestigation…the outside structure is still standing but the bar fell into the basement and the dining room was destroyed by smoke damage…”

The Ridgewod Restaurant was severely damaged in an early morning fire, police said. Firefighters and police were called to the restaurant on Brooklyn Stanhope Road at 2:23 a.m. on Saturday by the owners, who said that they had left the business after closing to go out and when they returned they found smoke cinside, according to Lt. Thomas Kmetz, a police department spokesman.

Police arrived to find kitchen door was hot to the touch and they could heard popping noises coming from inside, Kmetz said. The fire department arrived on the scene and found that there was smoke coming out of every possible area of the building that it could get out of, Kmetz said.

Firefighters extinguished the fire but the middle floor where the bar used to be collapsed into the basement and the dining room was destroyed by smoke damage, Kmetz said.

The Hopatcong, Roxbury, Netcong, Mount Arlington and Stanhope fire departments all responded to the blaze.  The restaurant specializes in Portugese and Italian cuisine.

For more:  http://www.dailyrecord.com/article/20130506/NJNEWS/305060057/Hopatcong-restaurant-severely-damaged-fire

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by | 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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by | 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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by | 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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by | 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)

[vimeo http://www.vimeo.com/65324022 w=500&h=281]

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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