Category Archives: Liability

by | May 2, 2013 · 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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by | 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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by | 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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by | 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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by | 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)

[youtube=http://www.youtube.com/watch?v=cVDX7SqSDxk]

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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by | 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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by | April 22, 2013 · 6:04 am

Hospitality Industry Security Solutions: Hotels In Metropolitan Areas Should “Create Actual Security” With “Layers Of Properly Trained Personnel”; A Need For Sophisticated Security Cameras For Thermal And Infrared Viewing

“…what (hoteliers) want to create is actual security and depth—layers of properly trained personnel to meet the risks that are known for the venue you’re in…if you’re in Times Square, covert effort is more appropriate…vulnerability audits help find ‘weakness in the system that can be hotel securityexploited or lapse during a crisis’…the audit shows some oft-forgotten measures, such as making sure the hotel’s website can handle a thousand times the traffic without crashing or that associates know appropriate protocols….every employee is a crisis manager and a (public relations representative) for the organization…’if you don’t teach them what they should and shouldn’t do, they’ll wing it’, and that can be dangerous to a hotel’s reputation…”

“…(sophisticated security equipment such as) thermal and infrared viewing for nighttime and low-visibility conditions, license plate readers, car counters, people counters, cameras with analytics that follow subjects automatically and alert critical areas of operation…”

While hotels can be safe havens for guests, they can be the target of attacks as well. Anthony C. Roman, president of risk-management firm Roman & Associates, said the hotel industry has suffered in the last decade. Hard economic times globally have caused hotels to cut back on security budgets. As more hotels are taking the appropriate preventive security measures, other hotel brands have not addressed the issue at all. “And yet other brands are subcontracting their security requirements to private security companies,” he said.

The constant flow of large numbers of people in and out of hotels during daily business hours makes them vulnerable for attacks, according to global intelligence agency Stratfor. “There’s certainly fear,” Haley explained. “There are few targets that offer the potential awards for motivated terrorists that hotels do.” Those rewards are a large target with potentially massive body counts and global exposure. The problem with hotels, he added, is “they’re open and inviting places.”

For more:  http://www.hotelnewsnow.com/Articles.aspx/10326/Terrorism-risks-heighten-hotelier-awareness

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by | April 21, 2013 · 12:27 pm

Hospitality Industry Legal Risks: California Restaurant Franchisee Settles EEOC “Disability Discrimination Lawsuit” For $100,000; Former Floor Supervisor With “Intellectual Disability” Demoted To Janitorial Position

“…The EEOC contends that once Alia took over,  Alia management demoted Morgan to a janitorial position, cut his hours and reduced  his hourly EEOCwages, thereby forcing him to find other employment and resign by  June 2009.   The EEOC’s lawsuit argued  that Alia Corporation thus engaged in disability discrimination that violated  the Americans with Disabilities Act  (ADA)…”

Alia Corporation, a franchisee  with over 20 fast-food chain restaurants throughout Central California, agreed  to pay $100,000 to settle a disability discrimination lawsuit filed by the U.S.  Equal Employment Opportunity Commission (EEOC), the federal agency announced  today.

The EEOC originally filed suit against the Merced,  Calif.-based company in 2011 on behalf of Derrick Morgan, a former floor  supervisor with an intellectual disability (EEOC v. Alia Corporation, Case  No. 1:11-cv-01549-LJO-BAM, U.S. District Court, Eastern District of  California).  Morgan was known to be a good employee and  promoted by previous management from crew member to super­visor in 2008.

As  part of the settlement announced today, the parties entered into a three-year  consent decree requiring Alia to hire an equal employment opportunity (EEO) monitor  to create anti-discrimination policies and procedures; a complaint process and  impartial investigations; a centralized tracking system for discrimination  complaints; a system to hold employees accountable for discrimination; and,  annual live disability discrimination training for all management and human  resources employees.  The $100,000 in  monetary relief shall be paid entirely to Morgan.  The EEOC will monitor compliance with the agreement.

“Employers cannot allow biases and stereotypes to factor  into employment decisions,” said Anna Y. Park, regional attorney for the EEOC’s  Los Angeles District Office, which includes Fresno in its jurisdiction.  “The EEOC commends Alia Corporation for  today’s settlement, as it marks a new path for Alia — one which includes equal  employment opportunity for all of their employees, regardless of disabilities.”

Melissa  Barrios, director of the EEOC’s Fresno Local Office, said, “Disability discrimination  charges are on the rise in California, comprising 30% of all charges  filed.  Workers who are unjustly  penalized due to their disabilities have protections under federal law, and the  EEOC is here to help.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/4-18-13.cfm

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by | April 19, 2013 · 6:49 am

Hospitality Industry Legal Risks: Pennsylvania Restaurant Franchisee Sued By Manager Who Fractured Ankle After Slipping In Puddle Of Water; Seeking Over $50,000 In Damages

“…The suit alleges that (plaintiff) sustained an ankle fracture that required surgery after she slipped on a puddle of water at the KFC restaurant Hospitality Industry Injury Lawsuitsthat she managed…she sustained the ankle fracture, contusions, abrasions, lacerations and nerve damage, as well as trauma, mental upset, anguish and humiliation…”

A case involving a Philadelphia-area fast food manager who claims she broke her ankle after slipping on a puddle of water at her place of employment may have to proceed in federal, not state court, after defense attorneys filed a motion to transfer the litigation. Nicholas J. Renzi, of Adams Renzi Law in Philadelphia, filed a personal injury complaint at the Philadelphia Court of Common Pleas on April 2 on behalf of his client, city resident Benet Moultrie-Long and her husband, Curtis Long.

On that same day, employees with Temple, Texas-based McLane Foodservice Inc. and McLane Company had delivered frozen items to the fast food restaurant, which is located in Conshohocken, Montgomery County.

This week, attorney Jon Michael Dumont, of the Philadelphia firm Rawle & Henderson, filed a petition with the U.S. District Court in Philadelphia seeking to move the litigation to that venue.

The defense lawyers contend that in reading the plaintiff’s lawsuit, it appears damages would exceed the $50,000 jurisdictional limit at the Court of Common Pleas.

For more:  http://pennrecord.com/news/9790-defense-lawyers-petition-to-remove-kfc-injury-case-to-federal-court

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by | April 18, 2013 · 7:11 am

Hospitality Industry Theft Risks: Illinois Restaurant Employees Plead Guilty To “Skimming Credit Card Information Of Paying Customers”; Over $200,000 In Fraudulent Purchases Made By Ring Leaders

“…(the ring leader) organized the scheme by paying the defendants, who were employees at the various establishments, to skim credit card information of paying customers using a small credit card reader provided to them by Woods and Washington. The employees swiped identity theftapproximately 175 cards through the readers, enabling Woods to reproduce counterfeit credit cards and allowing Woods, Washington and Alex Houston to rack up thousands of dollars in charges…”

Sentences were handed down against seven defendants who illegally obtained personal banking information from patrons visiting Chicago area restaurants and attractions, including Wrigley Field and the Magnificent Mile’s RL Restaurant, according to Illinois Attorney General Lisa Madigan.

Defendants Joseph Woods, Britain E. Woods, Alex Houston, Jenette Farrar, Essence S. Houston, Kenyetta Davis and William Washington pled guilty and were sentenced for “skimming” personal banking information, which was used to make purchases of more than $200,000. The banking and credit card account information was stolen from customers who patronized Chicago area establishments, including Wrigley Field, RL Restaurant, a Chicago Taco Bell location and a McDonald’s restaurant in Berwyn.

Madigan said financial institutions with accounts that were compromised in the scheme include Chase, U.S. Bank, Citibank, Harris Bank, American Express, Bank of America and Fifth Third Bank. The banks assisted in the investigation and notified victims to secure their personal information.

Madigan said identity theft is a significant threat to Illinois consumers. Last year, more than 2,500 identity theft complaints were filed with her office’s Consumer Fraud Bureau. Consumers reported incidents of fraudulent charges on their existing accounts, thieves opening new accounts in their names (including credit card, utility and cell phone accounts) and instances of bank fraud, such as stolen checks or fraudulent withdrawals made to a victim’s bank account.

For more:  http://www.claimsjournal.com/news/midwest/2013/04/18/227236.htm

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