Category Archives: Liability

by | April 23, 2012 · 10:50 am

Hospitality Industry Legal Risks: Texas Hotel Sued By Man For "Negligence" After Breaking Ankle In Hotel Lobby

“…(Plaintiff) fell on a slippery marble floor near the lobby area of the hotel…(he) is seeking damages and court costs…”

A native of the Netherlands is suing after he broke his ankle at a Memorial-area hotel.  Harry Kanters filed a lawsuit on Tuesday, April 17 in the Harris County District Court against American Liberty Hospitality and Hilton Garden Inn/Houston Galleria in Memorial, citing negligence.

Kanters says on April 18, 2010, he broke his ankle while staying as a guest at the Hilton Garden Inn Galleria, located at 3201 Sage Road in Memorial.

He is being represented in the case by Southlake attorney Gregory Jones.

For more: http://www.ultimatememorial.com/stories/354485-courts-memorial-hotel-blamed-for-broken-ankle

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by | April 22, 2012 · 7:20 am

Hospitality Industry Property Risks: Texas Motel Damaged By "Wind-Fueled Fire" That Momentarily Traps Firefighters; Firewall Proves Useless In Windy Conditions

“With the winds, even if you have firewalls, if somebody puts a cable hole — every little breach of a firewall for cable, electric, whatever is going to be a void. That firewall’s not intact anymore.”

San Antonio firefighters had a close call Friday afternoon when the rear of a burning motel collapsed on them. Crews responded to the fire reported at the Studio 6 motel at Highway 281 and Rhapsody to find flames shooting through the structure, according to WOAI-TV.

The wind-fueled fire originated on the first floor of the hotel, extended to the attic and then spread to a neighboring building. Fire Chief Charles Hood said that his firefighters had to rely on their training when the blaze quickly became out of control and a Mayday was called.

“That’s one of those moments when your heart just goes to your feet because we have reports of firefighters trapped,” he told the news station. Luckily, all of the firefighters made it out safely and no injuries were sustained.

Hood said that winds played a big role in helping the fire grow, and that if the building did have firewall, they wouldn’t have stopped it. Around 100 firefighters were on the scene and after the collapse, crews switched to a defensive fire attack to put out the blaze.

For more:  http://www.firehouse.com/news/10704188/san-antonio-firefighters-have-close-call-at-motel-blaze

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by | · 7:20 am

Hospitality Industry Property Risks: Texas Motel Damaged By "Wind-Fueled Fire" That Momentarily Traps Firefighters; Firewall Proves Useless In Windy Conditions

“With the winds, even if you have firewalls, if somebody puts a cable hole — every little breach of a firewall for cable, electric, whatever is going to be a void. That firewall’s not intact anymore.”

San Antonio firefighters had a close call Friday afternoon when the rear of a burning motel collapsed on them. Crews responded to the fire reported at the Studio 6 motel at Highway 281 and Rhapsody to find flames shooting through the structure, according to WOAI-TV.

The wind-fueled fire originated on the first floor of the hotel, extended to the attic and then spread to a neighboring building. Fire Chief Charles Hood said that his firefighters had to rely on their training when the blaze quickly became out of control and a Mayday was called.

“That’s one of those moments when your heart just goes to your feet because we have reports of firefighters trapped,” he told the news station. Luckily, all of the firefighters made it out safely and no injuries were sustained.

Hood said that winds played a big role in helping the fire grow, and that if the building did have firewall, they wouldn’t have stopped it. Around 100 firefighters were on the scene and after the collapse, crews switched to a defensive fire attack to put out the blaze.

For more:  http://www.firehouse.com/news/10704188/san-antonio-firefighters-have-close-call-at-motel-blaze

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by | April 21, 2012 · 6:46 am

Hospitality Industry Health Risks: California Hotel Sued For $6 Million By Man Who Contracted Legionnaires' Disease From Hotel's Water System; Tests Confirm Bacteria Sickened Six People Resulting In One Death

“…In October 2011, the Maryland Department of Health and Mental Hygiene confirmed the Legionella bacteria was present in water collected from various locations at the Plim Plaza. Six people were sickened with Legionnaires’ disease; one of them later died…”

The lawsuit alleges that the hotel was negligent in its failure to “adequately inspect, monitor and maintain” its water system.

(The Plaintiff)…went on to spend six weeks in the hospital, during which he experienced renal failure, septic shock and respiratory failure, according to the complaint. His medical bills exceeded $200,000 by the time he was discharged on Sept. 24.

A Virginia man who contracted Legionnaires’ Disease in Ocean City last summer is suing the Plim Plaza Hotel for $6 million.

Virginia resident Pat Eldon Dent Jr., and his wife, Martha Dent, filed a lawsuit against the historic Boardwalk hotel in U.S. District Court in Baltimore on April 18. The lawsuit, which names Plim Plaza Hotel Inc. and the Hale and John Harrison Partnership as defendants, seeks $5 million for negligence and $1 million for loss of consortium.

The lawsuit alleges the hotel’s water system was contaminated with unsafe levels of the Legionella bacteria while Dent and his wife stayed there between July 29, 2011, and Aug. 1, 2011. After returning to his home on Aug. 1, Dent began to feel feverish and on Aug. 10 was admitted to Winchester Medical Center and diagnosed with Legionnaires’ disease, according to the seven-page complaint filed by Rockville attorney Ronald Karp.

For more:  http://www.delmarvanow.com/article/20120421/WCT01/204210346/Virginia-man-who-contracted-Legionnaires-files-lawsuit-against-OC-hotel

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by | April 20, 2012 · 1:52 am

Hospitality Industry Guest Safety Risks: Houston Hotel Sued By Parents Of Young Girl Injured By Restaurant's "Rotating Floors"

“…(they) are suing for damages that include emergency room expenses, future surgeries to “restore the normal appearance of Erin’s foot” and prescription drugs as well as “likely permanent disfigurement” of the child’s foot. She was involved in dance classes prior to the incident…”

They allege in the lawsuit that Hyatt and Spindletop failed to use reasonable care to make the restaurant safe, primarily by failing to “remedy and warn of a serious safety hazard that was especially dangerous to small children.”

Set at the very top of the Hyatt Regency Houston hotel downtown, Spindletop is a popular destination for date nights and special occasions. The rotating floors in the restaurant spin guests slowly around for impeccable views of the city skyline, making Spindletop a draw since it first opened in 1972. But those rotating floors ended up creating a nightmarish scenario for one couple, who allege in a lawsuit that their 4-year-old’s foot became lodged between two rotating platforms, causing serious injuries.

The couple, Dehong Shen and Min Zhang, filed a lawsuit against Spindletop and its parent company, the Hyatt corporation, on April 17. In the filing, Shen and Zhang accuse the restaurant of gross negligence for failing to prevent the injury to their child and for failing to provide sufficient assistance to the family when the toddler’s leg became stuck.

For more:  http://blogs.houstonpress.com/eating/2012/04/spindletop_lawsuit_rotating_floor_child_injured.php

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by | · 1:52 am

Hospitality Industry Guest Safety Risks: Houston Hotel Sued By Parents Of Young Girl Injured By Restaurant's "Rotating Floors"

“…(they) are suing for damages that include emergency room expenses, future surgeries to “restore the normal appearance of Erin’s foot” and prescription drugs as well as “likely permanent disfigurement” of the child’s foot. She was involved in dance classes prior to the incident…”

They allege in the lawsuit that Hyatt and Spindletop failed to use reasonable care to make the restaurant safe, primarily by failing to “remedy and warn of a serious safety hazard that was especially dangerous to small children.”

Set at the very top of the Hyatt Regency Houston hotel downtown, Spindletop is a popular destination for date nights and special occasions. The rotating floors in the restaurant spin guests slowly around for impeccable views of the city skyline, making Spindletop a draw since it first opened in 1972. But those rotating floors ended up creating a nightmarish scenario for one couple, who allege in a lawsuit that their 4-year-old’s foot became lodged between two rotating platforms, causing serious injuries.

The couple, Dehong Shen and Min Zhang, filed a lawsuit against Spindletop and its parent company, the Hyatt corporation, on April 17. In the filing, Shen and Zhang accuse the restaurant of gross negligence for failing to prevent the injury to their child and for failing to provide sufficient assistance to the family when the toddler’s leg became stuck.

For more:  http://blogs.houstonpress.com/eating/2012/04/spindletop_lawsuit_rotating_floor_child_injured.php

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by | April 19, 2012 · 6:43 am

Hospitality Industry Theft Risks: Man Arrested For Using Fraudulent Credit Card Information At California Hotels; Police Seize $32,000 Worth Of Cashier's Checks

“…(the man) was arrested on suspicion of using fraudulent credit card information at hotels and resorts in Laguna Beach, Costa Mesa and Dana Point…between Feb. 15 and April 12…”

“…it was common for Larson to give his hotel room to someone else before the end of his stay and move on to another hotel…”

Harold Eric Larson, 36, of Orange was arrested April 12 at the Costa Mesa Marriott, where detectives seized documents, hotel booking information and $32,000 worth of cashier’s checks from 39 different accounts.

Larson is facing charges of burglary, identity theft, grand theft and credit card fraud, said Laguna Beach police Sgt. Robert Rahaeuser.

According to court records, Larson pleaded not guilty Monday to 20 felony counts.

Laguna police first got a tip March 2 that Larson was committing fraud at a Laguna resort.

For more:  http://www.dailypilot.com/tn-cpt-0420-larson-20120417,0,413551.story

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by | April 18, 2012 · 6:40 am

Hospitality Industry Legal Risks: Colorado Hotel Sued By Woman "Bitten By A Vicious Dog" Owned By Hotel Guest; Written "Pet Care Policies" Not Followed According To Lawsuit

“…The lawsuit claims that employees at The Little Nell hotel, which provided dog-sitting services for Babu, knew the dog had violent tendencies…”

“The Little Nell’s Guide to Petiquette,” a set of written policies governing pet care and behavior at the hotel, required that a problem dog such as Babu either be removed from the premises or have a sitter overseeing it at all times, the lawsuit said, according to the Times. The lawsuit accuses the hotel of failing to follow its policy…”

The Aspen Skiing Co. and a New York socialite couple are defendants in a lawsuit that accuses them of keeping a vicious dog that bit a woman at the Gondola Plaza. Beth Fischer, of Aspen, filed a complaint Monday in Pitkin County District Court saying she has racked up more than $200,000 in medical bills after a black Labrador retriever bit her on Sept. 18, according to the Aspen Times.

She has had multiple surgeries to her hand and resulting staph infections because of the attack, the lawsuit said. Fischer’s lawsuit said that she was walking in the Gondola Plaza, near the outdoor tables at Starbucks, when a black Labrador named Babu Sarofim “leapt up from its position and lunged directly” at her, biting her left hand.

“Fischer was able to free her left hand from Babu’s mouth and she immediately realized she was injured and bleeding from the dog bite,” the lawsuit said. A woman who witnessed the attack called 911.

For more: http://www.thedenverchannel.com/news/30907562/detail.html

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by | · 6:40 am

Hospitality Industry Legal Risks: Colorado Hotel Sued By Woman "Bitten By A Vicious Dog" Owned By Hotel Guest; Written "Pet Care Policies" Not Followed According To Lawsuit

“…The lawsuit claims that employees at The Little Nell hotel, which provided dog-sitting services for Babu, knew the dog had violent tendencies…”

“The Little Nell’s Guide to Petiquette,” a set of written policies governing pet care and behavior at the hotel, required that a problem dog such as Babu either be removed from the premises or have a sitter overseeing it at all times, the lawsuit said, according to the Times. The lawsuit accuses the hotel of failing to follow its policy…”

The Aspen Skiing Co. and a New York socialite couple are defendants in a lawsuit that accuses them of keeping a vicious dog that bit a woman at the Gondola Plaza. Beth Fischer, of Aspen, filed a complaint Monday in Pitkin County District Court saying she has racked up more than $200,000 in medical bills after a black Labrador retriever bit her on Sept. 18, according to the Aspen Times.

She has had multiple surgeries to her hand and resulting staph infections because of the attack, the lawsuit said. Fischer’s lawsuit said that she was walking in the Gondola Plaza, near the outdoor tables at Starbucks, when a black Labrador named Babu Sarofim “leapt up from its position and lunged directly” at her, biting her left hand.

“Fischer was able to free her left hand from Babu’s mouth and she immediately realized she was injured and bleeding from the dog bite,” the lawsuit said. A woman who witnessed the attack called 911.

For more: http://www.thedenverchannel.com/news/30907562/detail.html

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by | April 17, 2012 · 8:10 am

Hospitality Industry Legal Risks: "Aggressive" Disabled Plaintiff Attorneys "Identify" Hotels And Restaurants Not In Compliance With ADA Laws And Use "People With Disabilities" To File Lawsuits

“…suits were filed by Ben-Zion Bradley Weitz, a lawyer based in Florida, who has a regular group of people with disabilities from whom he selects plaintiffs. One of them, Todd Kreisler, a man in a wheelchair who lives on the East Side of Manhattan, sued 19 businesses over 16 months – a Chinese restaurant, a liquor store and a sandwich shop among them…”

A small cadre of lawyers, some from out of state, are using New York City’s age and architectural quirkiness as the foundation for a flood of lawsuits citing violations of the Americans With Disabilities Act.

The lawyers are generally not acting on existing complaints from people with disabilities. Instead, they identify local businesses, like bagel shops and delis, that are not in compliance with the law, and then aggressively recruit plaintiffs from advocacy groups for people with disabilities.

The plaintiffs typically collect $500 for each suit, and each plaintiff can be used several times over. The lawyers, meanwhile, make several thousands of dollars, because the civil rights law entitles them to legal fees from the noncompliant businesses.

The practice has set off a debate about whether the lawsuits are a laudable effort, because they force businesses to make physical improvements to comply with the disabilities act, or simply a form of ambulance-chasing, with no one actually having been injured.

The suits may claim a host of problems: at a deli grocery in West Harlem, an overly steep ramp without guardrails, high shelves and a narrowing pathway near the refrigerators; at a yogurt shop in the theater district, no ramp, no bathroom doorknob that can be opened with a closed fist and exposed hot water drains under the bathroom sink; at a flower shop on the Upper East Side, no ramp and shelves that are too high.

For more:  http://mobile.nytimes.com/article?a=939650&f=22

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