Category Archives: Liability

by | September 3, 2012 · 6:18 am

Hospitality Industry Theft Risks: Wisconsin Restaurant Employee Arrested For "Cashing Two Unauthorized Businsess Checks" In His Name

“…the owner of Espana Restaurant and Bar discovered Johnson had cashed two unauthorized checks from the business in his name for $160 and $350…the checks were kept in a locked desk drawer in the basement of the business and were pre-signed to pay vendors…”

A 37-year-old Wauwatosa man is facing charges after he allegedly stole two checks from his employer and then cashed them in his name. Dana James Johnson was charged Thursday in Milwaukee County Circuit Court with one count of theft. If convicted, he faces up to nine months in prison and $10,000 in fines.

Officers then went to Community Financial, 4525 W. North Ave., where they found security video footage of Johnson coming into the bank and cashing the checks.

For more:  http://wauwatosa.patch.com/articles/tosa-man-charged-with-stealing-checks-from-a-milwaukee-restaurant

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by | August 30, 2012 · 6:20 am

Hospitality Industry Health Risks: New York Hotel Evacuated And Guests Taken To Hospital After "Potent Chlorine Fumes" Accidentally Released

“…A lifeguard who was mixing chemicals at an Upper East Side hotel pool accidentally unleashed potent chlorine fumes that forced  a partial evacuation of the building and injured five Wednesday…Four people were taken to New York Hospital and a  firefighter was rushed to Lenox Hill Hospital with chlorine inhalation after the 8 a.m. incident…”

All were in stable condition after the release, which forced hotel staff to  clear the lobby and lower level, according to Bill Pierce, the hotel’s director  of sales. FDNY Deputy Chief Dan Donoghue said the fumes came from the basement where a  lifeguard was mixing chemicals.

“The chemicals were stronger than the lifeguard thought,” Donoghue said.  “There was a reaction and basically we have a heavy odor of chlorine.”

One of the victims was the lifeguard, according to the FDNY official.

Read more: http://www.dnainfo.com/new-york/20120829/upper-east-side/marriott-hotels-pool-chlorine-sickens-four-people-officials-say#ixzz252RncMin

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by | August 29, 2012 · 1:15 am

Hospitality Industry Legal Risks: Hotel And Restaurant Owners Should Maintain "Employment Practices Liability Insurance" And Institute Complaint Procedures To Reduce Employee Lawsuits

 “…these suits catch employers by surprise since, even if they terminate an employee for a business reason, every separated employee can claim discrimination on the basis of a protected class such as race, gender or sexual orientation…”

Employers who can afford it purchase Employment Practices Liability Insurance (EPLI) to protect their businesses.

In the last three to four years, HR lawsuits have been on the rise, and unfortunately, there does not seem to be any end in sight. The U.S. Department of Labor reports the number of lawsuits related to the Fair Labor Standards Act, alone, increased 35 percent in three years. And this is only one small area that an employer can be sued. The following steps can be taken to minimize lawsuits:

  • Your employee handbook must contain broad and multi-tiered complaint procedures so employees have sufficient recourse when they feel victimized by harassing or discriminating behavior.
  • Provide annual employment law training to all of your supervisors and require them to sign acknowledgments.
  • Educate your employees at the time of hire – during orientation, for instance – about the avenues open to them should they have a problem and need to complain.
  • Most critically, take prompt remedial action when someone complains. In other words, do something about it within 48 hours or less of receiving the complaint. It is best to seek legal advice when such a complaint occurs.

For more:  http://www.floridatrend.com/article/14575/more-employees-are-suing-employers

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by | August 28, 2012 · 6:17 am

Hospitality Industry Health Risks: Health Department Confirms Deaths Of Two Chicago Hotel Guests After Exposure To Bacteria Causing Legionnaires' Disease

“…Health officials said Monday that two people have died of Legionnaires’ disease after being exposed to the bacteria that causes it at the JW Marriott Hotel…”

Last week, the hotel issued a warning to all recent guests, and began the complicated process of notifying the 8,500 guests who stayed there from July 16 through Aug. 15 that they may have been exposed to the bacteria known to cause serious and sometimes fatal bacterial infections, ABC Chicago reports.

The bacteria, Legionella, spreads through the inhalation of contaminated water vapor, and can cause Legionnaire’s disease, a severe form of pneumonia, Fox Chicago reports. Symptoms include headache, chills, chest pain and fever.

The disease often mirrors regular pneumonia, and can only be confirmed by a urine test, infectious disease expert Dr. John Segreti told CBS Chicago. Dr. Kathy Ritger with the Department of Public Health told WBEZ that not all exposures lead to illness, but any recent guests experiencing respiratory problems should seek medical attention.

For more:  http://www.huffingtonpost.com/2012/08/27/legionnaires-outbreak-kil_n_1834616.html

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by | August 26, 2012 · 6:45 am

Hospitality Industry Safety Risks: Hotel And Resort Pool Drain Covers Must Comply With Federal Laws (Video)

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by | August 23, 2012 · 6:05 am

Hospitality Industry Legal Risks: Wisconsin Restaurant Owners Sued For $550,000 For "Negligence" In Alcohol-Related Shooting Death Of Patron

“… the defendants (are accused) of violating the Illinois Wrongful Death Act… were negligent for failing to take reasonable actions to protect customers, allowing a patron with weapons to be on the premises and allowing people inside the restaurant who were “quarrelsome, disorderly, hostile and vicious.”

The family says they have lost their means of support while also suffering a loss of society, consortium, guidance and companionship. The Ortizes ask to be awarded more than $550,000 in damages plus courts costs.

A Pontoon Beach restaurant is accused of causing the death of a Granite City man who was shot and killed there last year. Brenda Ortiz, as special administrator of the estate of Jesus Ortiz-Flores, and Luis F. Ortiz filed a lawsuit Aug. 15 in Madison County Circuit Court against La Mexicana Inc., also known as La Mexicana Restaurant Inc., Orlando Gudino, Berzain Gudino and Oscar Guidno. Choteau Properties Inc. is also listed as a defendant.

The 37-page lawsuit stems from a shooting that happened at La Mexicana on Chouteau Trace Parkway in Pontoon Beach on August 19, 2011, the suit states. According to statements made by police to media immediately following the incident, Jesus Ortiz-Flores, 20, was shot once in the head in the parking lot of the La Mexicaca restaurant and died immediately. Plaintiff Luis Ortiz, who was 18 at the time, was allegedly shot multiple times during the incident but survived.

Brenda Ortiz and Luis Ortiz accuse La Mexicana restauraunt, the owners and managers and Choteau Properties, the owner of the building, of directly contributing to the shootings. The Ortizes contend the restaurant served alcohol to the alleged shooter, Fernando Gallegos, 17, allowing him to become intoxicated and then attack Ortiz-Flores, causing his death. They say the defendants’ actions constitute a violation of the Illinois Dram Shop Act.

For more:  http://www.madisonrecord.com/news/246266-la-mexicana-restaurant-in-pontoon-beach-sued-over-shooting-death

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by | August 22, 2012 · 6:56 am

Hospitality Industry Health Risks: Chicago Hotel Is Confirmed As Source For Three Cases Of Legionnaires' Disease

The city and the hotel are notifying the 8,500 guests who stayed there from July 16 through Aug. 15. Authorities say they’ve identified the source of the bacteria and there’s no ongoing health risk.

Health officials say they are investigating three confirmed cases of Legionnaires’ (LEE’-juh-nares) disease among people who stayed at a Chicago hotel. The Chicago Department of Public Health and the JW Marriott Chicago Hotel issued an advisory Tuesday. They say guests with symptoms who stayed at the Adams Street hotel should contact their doctors.

Symptoms include headache, high fever, chills, cough, chest pain and shortness of breath.

The bacteria that cause Legionnaires’ disease grow in water and can spread through vapor in air-conditioning ducts or mist from a whirlpool spa.

Read more here: http://www.sacbee.com/2012/08/21/4745192/legionnaires-disease-linked-to.html#storylink=cpy

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by | August 21, 2012 · 6:12 am

Hospitality Industry Legal Risks: Illinois Hotel Sued For "Failing To Recognize Signs Of, Inspect And Exterminate Bed Bugs In Guest Rooms"

“…(the lawsuit) is against…Marriott and the former Hickory Ridge Marriott Conference Hotel for failing to provide guests with a sanitary rooms, failing to inspect and exterminate rooms and failing to recognize signs of bed bug attacks, among other claims…”

Two women filed a lawsuit Monday in Cook County Circuit Court againstMarriott International Inc.and a now-closed Lisle Marriott Conference Center after claiming they and their respective children received numerous bed bug bites while staying at the hotel last August. April, Safford and the two children stayed at the suburban hotel from Aug. 6 to Aug. 15, 2011, according to the lawsuit.

During her stay at the hotel, April noticed bumps and bites all over her child’s “arms, hands, back, legs and scalp” while helping him get dressed, according to the lawsuit. She brought this to the attention of the manager, who asked if April had made a request for clean sheets, the lawsuit says.

The two women and both children were diagnosed as having “numerous bed bug bites from a significant infestation,” according to the lawsuit.

For more:  http://www.chicagotribune.com/news/local/suburbs/lisle/chi-women-sue-hotel-chain-over-bed-bug-bites-20120820,0,3322080.story

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by | August 19, 2012 · 11:49 am

Hospitality Industry Health Risks: California Hotels And Restaurants Must Establish Procedures And Provide Training For "Heat Illness Prevention" For All Outdoor Workers

 “…the California Department of Industrial Relations’ (DIR) Division of Occupational Safety and Health(commonly referred to as Cal/OSHA) is urging employers to protect outdoor workers from heat illness and allow for new workers to adjust to changes in weather (also known as acclimatization)…”

Cal/OSHA’s website provides employers with a Heat Illness Prevention e-tool for reference.

Under California’s first-in-the-nation heat illness prevention standard, employers with outdoor workers are required to establish and implement emergency procedures, and provide training on heat illness prevention to all workers. Every outdoor workplace must have drinking water for workers – at least one quart per hour per employee – and shade for recovery and rest periods. Shade must be provided when temperatures are above 85 degrees, and be available at employee request at any temperature. Employers are also required to train employees to properly identify heat illness symptoms.

The heat illness prevention standard was strengthened two years ago to include a high heat provision that must be implemented by five different industries when temperatures reach 95 degrees. These procedures include observing employees, closely supervising new employees, and reminding all employees throughout the shift to drink water. The specified industries include agriculture, construction, landscaping, oil and gas extraction and transportation or delivery of agricultural products, construction material or other heavy material. However, all employers are advised to take additional precautions during periods of high heat.

Read more here: http://www.sacbee.com/2012/08/15/4729437/calosha-reminds-employers-to-stay.html#storylink=cpy

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by | August 17, 2012 · 6:48 am

Hospitality Industry Legal Risks: California Hotel Owner Found Guilty Of Violating "Unruh Civil Rights Act" For Discrimination Against Religious Group; $1.2 Million Statutory Damages And $440,000 In Punitive Damages Awarded By Jury To Plaintiffs

“…The jury decided on Wednesday that the hotel and Adaya violated California’s Unruh Civil Rights Act, which bars hotels and other business from discriminating on the basis of sex, race, color or religion…the hotel and owner were also ordered to pay approximately $440,000 in additional punitive damages to the plaintiffs…”

A Muslim hotel owner discriminated against a Jewish group during a Southern California poolside charity event by ordering removal of banners and ousting them from the pool and spa, a jury decided in awarding $1.2 million statutory damages. The suit was filed by Friends of the Israel Defense Forces, whose members had gathered two years ago at Santa Monica’s ocean-view Hotel Shangri-LA, which is owned by Tehmina Adaya. The owner is a Muslim of Pakistani descent.

The event was organized by Platinum Events, a marketing firm that had organized other gatherings at the Shangri-La after a $30-million renovation three years ago.

Workers and security guards at the Art Deco hotel were acting on Adaya’s orders when they told members of the group to get out of the pool and spa and remove banners and literature, according to trial testimony.

In her testimony, Adaya denied ordering a halt to the event for fear that her family would cut off her financing. Adaya inherited control of the hotel from her father, Ahmad Adaya, a real estate tycoon and philanthropist who died in 2006.

For more:  http://www.jewishjournal.com/thenon-prophet/item/additional_440000_in_punitive_damages_imposed_on_hotel_shangri-la_20120816/

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