Category Archives: Liability

by | March 30, 2012 · 1:10 am

Hospitality Industry Health Risks: Alabama Restaurant Guests Are Exposed To "Hepatitis A" Through An "Infected Employee"

Hepatitis A is a communicable disease that spreads from person-to-person. It is spread almost exclusively through fecal-oral contact, generally from person-to-person, or via contaminated food or water. Symptoms may not occur for several weeks after exposure and may include abdominal discomfort, fever, malaise, muscle aches, and a yellowing of the skin called jaundice. In rare cases, hepatitis A causes liver failure.

In the wake of a report linking a potential mass exposure of hepatitis A to a Northport McDonald’s restaurant, food safety expert and attorney William Marler is calling on McDonald’s to vaccinate its employees against the virus.

On March 28, the Alabama Department of Public Health released a statement indicating that people who ate at a Northport McDonald’s, located at 2000 McFarland Boulevard, from February 28 through March 14 may have been exposed to hepatitis A through an infected employee. Customers who ate breakfast at the McDonald’s on March 16 may also have been exposed.

Hepatitis A is the only foodborne illness for which a vaccine exists; however infection can only be prevented if the vaccine is given within 14 days of exposure. Therefore those individuals who were potentially exposed on March 14 and March 16 should contact a medical provider immediately to receive treatment. Those who may have been exposed prior to March 14 should have developed symptoms by now if they have contracted the virus.

“From both a public health perspective and business perspective, it makes sense for restaurants to vaccinate their employees against hepatitis A,” said Marler. “It is much simpler to take the initial proactive precaution rather than gamble on a mass scare that equates to potential illness, loss of business, and public uncertainty.”

For more:  http://www.prweb.com/releases/2012/3/prweb9347722.htm

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by | · 1:10 am

Hospitality Industry Health Risks: Alabama Restaurant Guests Are Exposed To "Hepatitis A" Through An "Infected Employee"

Hepatitis A is a communicable disease that spreads from person-to-person. It is spread almost exclusively through fecal-oral contact, generally from person-to-person, or via contaminated food or water. Symptoms may not occur for several weeks after exposure and may include abdominal discomfort, fever, malaise, muscle aches, and a yellowing of the skin called jaundice. In rare cases, hepatitis A causes liver failure.

In the wake of a report linking a potential mass exposure of hepatitis A to a Northport McDonald’s restaurant, food safety expert and attorney William Marler is calling on McDonald’s to vaccinate its employees against the virus.

On March 28, the Alabama Department of Public Health released a statement indicating that people who ate at a Northport McDonald’s, located at 2000 McFarland Boulevard, from February 28 through March 14 may have been exposed to hepatitis A through an infected employee. Customers who ate breakfast at the McDonald’s on March 16 may also have been exposed.

Hepatitis A is the only foodborne illness for which a vaccine exists; however infection can only be prevented if the vaccine is given within 14 days of exposure. Therefore those individuals who were potentially exposed on March 14 and March 16 should contact a medical provider immediately to receive treatment. Those who may have been exposed prior to March 14 should have developed symptoms by now if they have contracted the virus.

“From both a public health perspective and business perspective, it makes sense for restaurants to vaccinate their employees against hepatitis A,” said Marler. “It is much simpler to take the initial proactive precaution rather than gamble on a mass scare that equates to potential illness, loss of business, and public uncertainty.”

For more:  http://www.prweb.com/releases/2012/3/prweb9347722.htm

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by | March 29, 2012 · 8:38 am

Hospitality Industry Property Risks: New York Elevator Mechanic Dies When Electrocuted During Maintenance Work Near Control Panel

“…(He) was performing maintenance in the engine room on the ninth floor of  the Axa Equitable building …when he was electrocuted just  after 9:30 p.m…”  

Con Edison was called to the scene for safety reasons, an  agency spokesman said, but it was unclear how the man came into contact with  live wires in the room that houses a control panel and a riser that works to  operate the building’s 34 elevators.

A 39-year-old elevator mechanic died when he was electrocuted at work in a  44-story midtown office building Wednesday night, fire and police officials  said.  Emergency responders found  the repairman unconscious and in cardiac arrest, a fire official said.  But  he died less than 30 minutes later, according to a police source.
“He’s  dead,” a fire source at the scene said. “He was lying on live  wires.”
Building workers said the man had been employed for the past five  years by the Schindler Group – a company that develops, installs and services  elevators and escalators, according to its website – which contracts with the  building to supply in-house mechanics to keep up with repairs.
“He has  three kids, it’s horrible,” said one coworker said. “He was a very nice guy. He  was hardworking and smart,” he said of his fallen friend. “But no one knows what  happened.”
Read more: http://www.nydailynews.com/new-york/mechanic-electrocuted-elevator-manhattan-office-building-article-1.1052532#ixzz1qWQmFsvr

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by | March 28, 2012 · 1:11 am

Hospitality Industry Employee Risks: Alabama Hotel Clerk, With Prior Arrest Record, Arrested For Stealing Guest Credit Card Informatiom

Rains says Niles got the guests information from the hotels computer database and used it for more than just their rooms.

A Mobile hotel clerk is behind bars. The Mobile Police Department says he was doing more than checking guests in, he was using their credit card information.

“While working as a front desk clerk at a local hotel he actually stole credit card information from one victim who had previously stayed at the hotel,” said Rains.

“He used this information to book hotels for him and his friends and we were actually able to catch him,” said Rains.

This wasn’t Niles first time. He has been arrested several times for charges like identity theft and possession of a forged instrument.

“He was on probation for the same crimes when he committed these,” said Rains.

Police say Niles charged a significant amount of money. Thankfully the victim was monitoring the transactions.

“As a safeguard just to make sure that your credit cards aren’t being used fraudulently the best thing you can do is check your accounts and alert your credit card provider if you’d see anything fraudulent,” said Rains.

For more:  http://www.fox10tv.com/dpp/news/local_news/mobile_county/mpd-hotel-clerk-using-guest-credit-card

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by | March 26, 2012 · 6:10 pm

Hospitality Industry Legal Risks: ADA "Pool Lift" Product And Installation Demonstration Video

[youtube=http://www.youtube.com/watch?v=d42mLPaPZBk]

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Filed under Guest Issues, Legislation, Liability, Maintenance, Management And Ownership, Pool And Spa, Risk Management, Training

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by | · 6:10 pm

Hospitality Industry Legal Risks: ADA "Pool Lift" Product And Installation Demonstration Video

[youtube=http://www.youtube.com/watch?v=d42mLPaPZBk]

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Filed under Guest Issues, Legislation, Liability, Maintenance, Management And Ownership, Pool And Spa, Risk Management, Training

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by | March 23, 2012 · 8:30 am

Hospitality Industry Property Risks: Maryland Hotel Suffers $50,000 In Water Damage As Guest Is "Tricked Into Breaking Off Fire Sprinkler"

“…Fire officials said a female guest was contacted by someone at the  website pranku.net and told that a gas leak had occurred in the hotel.  The  guest was then tricked into breaking off the sprinkler head in her room with a  toilet bowl cover, which then caused water to flow into eight rooms and the  floor below…”

The state fire marshal’s office is investigating an incident at a hotel in  Aberdeen in which a guest was pranked into breaking the sprinkler system with a  toilet bowl lid, which subsequently caused several rooms to flood.

Firefighters were called to the second floor of the Holiday Inn Express  in the 1000 block of Beards Hill Road about 1:30 a.m. Friday.

Officials said there was about $50,000 worth of damage to the hotel. No  charges have been filed at this point.
Read more: http://www.wbaltv.com/news/30746462/detail.html#ixzz1pxPycGH5

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by | March 22, 2012 · 11:57 am

Hospitality Industry Theft Risks: International Jewelry Theft Ring Targeted "Jewelry Sales Representatives And Couriers" After Returning To Their Hotel Rooms

“…an international criminal organization that committed 17 robberies, primarily by attacking sales representatives and couriers after they had returned to their homes or hotel rooms. He said the group used prolonged, sophisticated surveillance methods to identify vulnerable salesmen, who were targeted throughout Virginia as well as in New York, New Jersey, North Carolina, Maryland, California and Tennessee over the past two years. Sometimes the robbed salesmen would be followed for hundreds of miles and across state lines.  

Seven people have been charged with operating a jewelry-theft ring based in Richmond, Va. that authorities say stole more than $4.6 million in merchandise from traveling salesmen in Virginia and several other states.

“This is a group that allegedly did their homework,” MacBride said in a conference call with reporters.

Court documents say the group of Colombians has ties to South American theft groups, which federal authorities say are transnational criminal groups that work in teams to steal jewelry, gems and precious metals from those who carry hundreds of thousands of dollars in merchandise at one time.

Prosecutors say that after a successful robbery, members of the ring would travel to New York to sell the merchandise to “fences” who would either resell it or melt it down for later use. MacBride said the group didn’t target any one particular type of jewelry, saying it included gold and gems, among other things.

Read more here: http://www.sacbee.com/2012/03/21/4356163/7-arrested-in-multi-state-jewelry.html#storylink=cpy

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by | March 21, 2012 · 11:52 am

Hospitality Industry Theft Risks: Hotel Liability For Theft Of Guest's Property Is Limited By Statute In All States; Providing Digital Room Safes Can Limit Total Losses

Under common law, an innkeeper or hotelier was liable for loss or damage to guest’s property for the full value, unless the loss was caused by an act of nature (hurricanes, tornadoes, etc.), civil unrest, or the fault of the guest…each state has modified the common law by enacting statutes that limit the hotel’s liability… ordinarily limited to a specific figure, anywhere from $250 to $5,000.

Hotels typically post conspicuous notices indicating that valuables worth more than a certain amount (e.g., $250 or $500) must be deposited in the hotel safe in order to be covered for any loss. (Room safes are generally recommended only if they contain digital keypads, and the guest assumes all responsibility for getting into the safe and keeping the combination confidential.)

Two states have been randomly selected to provide examples of these statutes:

  • The Rhode Island statute states that if the hotel provides a safe for depositing money, jewelry, watches, and the like, and notifies guests by posting a conspicuous notice to that effect, and guests fail to deposit their valuables in the safe, the hotel is not liable for any loss to the valuables. It goes on to add that the hotel is not obligated to accept property for safekeeping that exceeds $500 in value. If a guest deposits property with a value exceeding $500 in the safe, the hotel is not responsible for loss to this property for more than $500, unless there is a special written agreement with the hotel for a greater amount.
  • The New Mexico statute states that the hotel is liable to its guests for loss of their property that is caused by the theft or negligence of the hotel or its staff, up to a limit of $1,000. However, if the hotel provides a suitable safe for safekeeping of money, jewelry, or other valuables, and notifies guests by posting a printed notice in hotel rooms, and guests fail to deposit their valuables in the safe, the hotel will not be liable.

For more:  http://www.adjustersinternational.com/insights_1002EA.cfm

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by | March 20, 2012 · 11:47 am

Hospitality Industry Information Risks: "Specialized Cyber-Risk Insurance" Is Important In Providing "Security Liability" And "Privacy Liability" Coverage

A specialized cyber-risk insurance policy is necessary. Coverage would not usually be triggered under a commercial general liability policy–many of which also have exclusions. Importantly, property-damage policies typically do not acknowledge “data” as property.

“Cyber liability” is essentially comprised of two defined risks:

  • Security Liability: the unauthorized access and/or use of a network. Employees or others with access to the network can misappropriate identity information, business secrets, transmit malicious codes, and undertake a denial of service attack against your network or other networks.
  • Privacy Liability: the breach of personal data protection laws that allow individuals to control the collection, access, transmission, use, and accuracy of their personal information.

The available policy coverage options start with General Internet Crime Liability. This addresses the first and third party risks associated with e-business, the Internet, networks and informational assets.

However, it is critical to review your business activities to ensure appropriate coverage. To this needs to be added appropriate Property, Directors and Officers, Business Interruption and Fidelity wordings. For those businesses offering software and services susceptible to outage or malfunction associated with a cyber-attack, Electronic Errors and Omissions coverage should also be obtained.

For more:  http://www.pcworld.com/businesscenter/article/252126/can_insurance_cover_cybercrime_damages_at_your_business.html

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