Category Archives: Pool And Spa

Hospitality Industry Risk Update: “Prevent Carbon Monoxide Poisoning in Your Hotel”

“…When working with contractors, make sure to check references and ensure that the company has the proper permits before starting construction on a project, says Stephen Barth, the founder of HospitalityLawyer.com and professor of hotel law at the University of Houston…ImageNew requirements from the International Code Council (ICC) for the International Building Code and the International Fire Code state that carbon monoxide alarms should be installed in any location that includes a device that could potentially produce carbon monoxide…”

Last spring, three people died from carbon monoxide poisoning after staying at the Blue Ridge Plaza Best Western Hotel in Boone, N.C. The victims—elderly couple Daryl and Shirley Jenkins and 11-year-old Jeffrey Williams—visited the property seven weeks apart and all stayed in room 225.

Though the initial investigation following the Jenkins’ deaths was inconclusive, toxicology reports eventually revealed that the deadly gas was to blame for the tragedies. The pool heater’s exhaust pipe, which ran directly under room 225, was the source of the lethal leak.

For more: http://bit.ly/1khYBQb

Comments Off on Hospitality Industry Risk Update: “Prevent Carbon Monoxide Poisoning in Your Hotel”

Filed under Claims, Guest Issues, Health, Hotel Industry, Maintenance, Management And Ownership, Pool And Spa, Risk Management

Hospitality Industry Liability Update: ” Hotel Horrors, Avoiding the Silent Killer”

“…The organization issued a statement about the deadly gas saying  in part: proper installation andImage maintenance of fuel-fired equipment including adhering to the manufacturers  product warnings are the best measures to ensure no adverse carbon monoxide exposure occurs…”

South Carolina hotels will become a home away from home for many across the nation this summer. But a nice relaxing vacation and time by the pool could turn deadly.

“It depends how much you breath in,” says Columbia Fire Chief Aubrey Jenkins. Columbia Fire Chief Aubrey Jenkins is talking about Carbon Monoxide. It’s often called the “silent killer.” That’s because you can’t smell the gas or see it.

For more: http://www.wach.com/news/story.aspx?id=1036737#.U1_CNK1dXnw

Comments Off on Hospitality Industry Liability Update: ” Hotel Horrors, Avoiding the Silent Killer”

Filed under Claims, Guest Issues, Health, Hotel Industry, Liability, Maintenance, Management And Ownership, Pool And Spa, Risk Management

Hospitality Industry Legal Update: “Recent Hotel Incidents Serve as Cautionary Tales of Carbon Monoxide Health and Legal Risks”

“…Should a hotel have to contend with the unthinkable, a catastrophic incident, such as carbon monoxide poisoning, it is advisable to immediately conduct a detailed and thorough investigation. Preferably, counsel should be retained at the outset to shepherd the investigation, retain appropriate experts Image and serve as a liaison between the hotel and the investigating authorities. The benefit of counsel conducting the investigation is that everything learned during the course of the investigation falls under attorney client privilege in the likely event that a lawsuit is initiated…”

Recently media exposure regarding the dangers of carbon monoxide poisoning in hotels, motels, and resorts has seemed to increase. The issue has garnered attention among such major media outlets as ABC News’ 20/20, USA Today, and CNN. With good reason – a 2013 USA Today Investigation showed that, “eight people have died and at least 170 others have been treated for carbon monoxide poisoning in the past three years in hotels.” A concerning statistic given that according to the United States Consumer Product Safety Comission, approximately 170 people die each year from carbon monoxide produced by non-automotive consumer products overall.

Carbon monoxide, also known as CO, is a colorless, odorless, gas with toxic consequences for people and animals. Carbon monoxide poisoning is a risk that hotel, motel, and resort operators must take seriously, most importantly to ensure the safety and well-being of guests. But also because of the potential legal exposure carbon monoxide poisoning poses, both to business entities and individual owners, should the unthinkable happen in their hotel.

For more: http://hlconverge.com/index.php/component/k2/item/815-recent-hotel-incidents-serve-as-cautionary-tales-of-carbon-monoxide-health-and-legal-risks

Comments Off on Hospitality Industry Legal Update: “Recent Hotel Incidents Serve as Cautionary Tales of Carbon Monoxide Health and Legal Risks”

Filed under Claims, Guest Issues, Health, Hotel Industry, Liability, Management And Ownership, Pool And Spa, Risk Management

Hospitality Industry Liability Update: “Palm Springs Hotel Guest Died of Carbon Monoxide Poisoning, Coroner Says”

“…’There was a dangerous condition that posed an immediate and grave risk to the health of any customer,’ Kaufman said. Image‘It’s remarkable to me that a condition this dangerous could be allowed to persist for not days, but almost two weeks, and take the life of a successful, caring and wonderful man.’…”

An Ohio attorney whose body was found in a Palm Springs hotel room in November died of carbon monoxide poisoning, the Riverside County coroner’s office said Wednesday.

The Palm Springs Police Department has been investigating the death and will present its findings to the Riverside County district attorney’s office for possible criminal charges, said Palm Springs Police Lt. Mitch Spike.

For more: http://www.latimes.com/business/money/la-fi-mo-palm-springs-hotel-guest-died-from-carbon-monoxide-poisoning-coroner-says-20140319,0,5611674.story#axzz2wW6yGmmP

Comments Off on Hospitality Industry Liability Update: “Palm Springs Hotel Guest Died of Carbon Monoxide Poisoning, Coroner Says”

Filed under Claims, Guest Issues, Hotel Industry, Liability, Management And Ownership, Pool And Spa, Risk Management

Hospitality Industry Property Risks: “Slaying the Silent Killer, Carbon Monoxide”

“…Fireplaces, boilers, water heaters, pool-heating equipment, gas-powered tools, barbecues and cooking equipment are the most common types of fossil-fuel-burning equipment found in hotels,” said Todd Seiders, director of risk management at Petra Risk Solutions….” 20140123_carbonmonoxide_feature

“…Carbon monoxide is a gas, so it’s going to penetrate solids and seep into any open spaces just like cigarette smoke does,” said Stephen Barth, professor of hotel law at the University of Houston and the founder of HospitalityLawyer.com. “The problem is it’s deadly because you can’t see it, taste it or smell it. They call it the silent killer….”

REPORT FROM THE U.S.—Three deaths linked to a faulty pipe that allegedly exposed guests to a lethal dose of carbon monoxide at a Best Western in Boone, North Carolina, have hoteliers stressing the importance of carbon-monoxide safety.

With rare exceptions, hotels all have sources of carbon monoxide, sources said, and without proper installation, maintenance and inspection, hotel owners and managers could be putting their guests at risk.

Comments Off on Hospitality Industry Property Risks: “Slaying the Silent Killer, Carbon Monoxide”

Filed under Claims, Guest Issues, Health, Liability, Maintenance, Pool And Spa, Training

Hospitality Industry Legal Risks: “Boone Hotel Executive Charged in Best Western Deaths “

“…Investigators have determined that carbon monoxide from the swimming pool water heater seeped up from a corroded exhaust pipe into the room, Imagekilling Daryl and Shirley Jenkins of Washington state in April and 11-year-old Jeffrey Williams of York County in June. Jeffrey’s mother, Jeannie, suffered serious injuries…”

“…“It doesn’t require evil intent,” said John Barylick, a lawyer in the Rhode Island case. ‘It just requires that you were stunningly careless.’…”

A business executive who managed the Best Western was indicted Wednesday on charges of involuntary manslaughter in the deaths last year of three hotel guests poisoned by carbon monoxide.A grand jury returned the three counts against Damon Mallatere, president of Appalachian Hospitality Management. The jury also indicted Mallatere on one additional count of assault inflicting serious bodily injury on another hotel guest who was poisoned.Police and prosecutors ended a news briefing without discussing the indictments, leaving many unanswered questions. Though Mallatere is the only person charged, an Observer investigation uncovered multiple missteps that contributed to the tragedies in the hotel’s Room 225.

For more: http://www.thestate.com/2014/01/08/3196549/boone-hotel-executive-charged.html

Read more here: http://www.thestate.com/2014/01/08/3196549/boone-hotel-executive-charged.html#storylink=cpy
Read more here: http://www.thestate.com/2014/01/08/3196549/boone-hotel-executive-charged.html#storylink=cpyImage

Comments Off on Hospitality Industry Legal Risks: “Boone Hotel Executive Charged in Best Western Deaths “

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

Hospitality Industry Safety Risks: Texas Hotel Faces “Wrongful Death & Gross Negligence Lawsuit” After Electrocution Of Young Boy; Pool Light System Did Not Have GFCI, Meet Electrical Codes

“…An investigation after the electrocution death found that the pool “did not meet applicable city, state and national electrical codes” Hospitality Industry Wrongful Death Lawsuitsand did not have Ground Fault Circuit Interrupters (GFCI) on the pool light system which are normal installations in pool construction to prevent electrical surges…Brown Electric Inc., had been hired by Hilton to bring the pool into compliance but, according to a city of Houston inspector, had performed work without obtaining the proper permits. After the death Hilton and Brown were cited for “use of electrical system which constitutes a hazard to safety, health and public welfare.”…”

In a lawsuit filed Wednesday, a Missouri City family alleges “gross negligence of epic proportions” for the swimming pool electrocution death of a young man at a Hilton Hotel swimming pool. Raul Hernandez Martinez, 27, and his family spent the Labor Day weekend at the Hilton Houston Westchase hotel at 9999 Westheimer in West Houston.

They were at the swimming pool at dusk when the lights came on automatically. Eyewitness accounts, and now a civil lawsuit, detail how an electrical current immediately surged through the water. David Duran, 11, “suddenly cried out as his body convulsed and he began to float helplessly near the pool light in the deep end,” according to the lawsuit the family filed against Hilton Hotels and the Houston-area electrical contractor Brown Electric Inc., which had performed recent upgrades to the pool’s electrical system.

The boy’s mom Isabel Duran reached for her son and was shocked as well and knocked unconscious. She was revived via CPR and suffered several broken ribs when family members and bystanders dragged her from the pool. The boy’s brother, Raul Hernandez Martinez then fought through the electrical current to retrieve his little brother and push him to the edge of the pool where others helped pull him out.

For more:  http://www.khou.com/news/local/Family-files-lawsuit-in-hotel-pool-electrocution-death-226219641.html

2 Comments

Filed under Guest Issues, Injuries, Insurance, Liability, Maintenance, Management And Ownership, Pool And Spa, Risk Management

Hospitality Industry Safety Risks: Florida Hotel Group To Place “Lifeguards And Fences” At Pools During “All Open Hours”; Move Follows Death Of 13-Year Old Boy In March

“…Lifeguards will be on duty at all times while the pools are open…But guests will no longer be permitted to swim in the feature pools after Hotel Pool Drowing Riskshours. Disney plans to install fences around any of those pools that are not already gated, a process that will begin in the coming months as hotels roll through their regular renovation cycles…(the move follows) the death of 13-year-old Anthony Johnson, who was pulled from a pool at Disney’s Pop Century Resort at about 9:30 p.m. on March 10…(he) died two days later at Florida Hospital Celebration…”

Walt Disney World says it will begin stationing lifeguards at its largest hotel pools during all operating hours and then locking them down overnight, six months after a young boy drowned while a pool was unguarded. Disney says its largest and most popular “feature” pools will begin opening at either 7 a.m. or 9 a.m. and closing at 11 p.m.

Only smaller and unguarded “quiet” pools at some hotels will remain accessible at all hours. Disney has about two dozen hotels and time-share resorts across its sprawling property.

“These changes make it easier for guests to understand when our pools are open and when a lifeguard is present,” Disney World spokeswoman Bernadette Davis.

Disney would not say whether a specific event triggered the move. Though that pool was open from 7 a.m. until 11 pm., lifeguards were only on duty from 10 a.m. to 8 p.m. Disney said it had posted signs warning that guests who chose to swim while the pool was unguarded did so at their own risk.

For more:  http://articles.orlandosentinel.com/2013-09-26/business/os-disney-locking-swimming-pools-20130926_1_walt-disney-world-pools-lifeguards

Comments Off on Hospitality Industry Safety Risks: Florida Hotel Group To Place “Lifeguards And Fences” At Pools During “All Open Hours”; Move Follows Death Of 13-Year Old Boy In March

Filed under Guest Issues, Health, Injuries, Liability, Management And Ownership, Pool And Spa, Risk Management

Hospitality Industry HazMat Risks: South Carolina Hotel Guests Evacuated, Hospitalized After Exposure To Pool Chemical Fumes; Employee Accidently Mixes Muriatic Acid And Chlorine

“…The area where the chemicals were mixed (was) isolated…one of the two chemicals was muriatic acid (and) the other chemical was Hotel Pool Chemical HazMat Riskschlorine (that) were mixed by an employee of the hotel by accident, creating the strong fumes that affected the employees and guests…One of the 12 transported by EMS was an employee of the hotel, but the other eleven were guests. An additional six people were treated at the hotel, but did not require further medical attention…”

The overnight nursing supervisor at Grand Strand Regional Medical Center confirmed all 14 patients who were being Hazardous Materials Teamtreated for respiratory issues following an accidental chemical mixture have been discharged from the hospital. Bob Derr, a Battalion Chief with the City of Myrtle Beach Fire Department confirmed the Hazmat situation was reported after two chemicals were mixed together in the pool maintenance area under the hotel the Landmark Resort at 1501 South Ocean Boulevard, affecting both guests and employees.

Twelve people have been taken to Grand Strand Regional Medical Center by EMS, and two more drove themselves. All 14 were presenting respiratory issues. Battalion Chief Derr suggested more guests could be transported if they started to show signs of respiratory distress.

Crews did not evacuate the hotel completely. The lower floors were cleared as a precaution.

For more:  http://www.wistv.com/story/23509101/crews-respond-to

Comments Off on Hospitality Industry HazMat Risks: South Carolina Hotel Guests Evacuated, Hospitalized After Exposure To Pool Chemical Fumes; Employee Accidently Mixes Muriatic Acid And Chlorine

Filed under Guest Issues, Health, Injuries, Labor Issues, Liability, Management And Ownership, Pool And Spa, Risk Management, Training

Hospitality Industry Health Hazards: Hotel Owners Must Be Aware Of Risks From “Naegleria Fowleriis”, Known As “Brain-Eating Amoeba” In Warm Fresh Water On Or Around Their Premises

HospitalityLawyer.com“…Hotel owners and operators must be aware of potential N.fowleri hazards in bodies of water on or around their premises. If you offer guests access to recreational bodies of warm fresh water, we recommend making N.fowleri informational brochures available at your front desk; you may even consider providing complimentary nose plugs. Of course, it is absolutely essential that you keep all swimming pools and hot tubs properly chlorinated. Don’t assume that the water in hot tubs and/or hot springs is sufficiently hot to kill N.fowleri; the amoeba can survive temperatures well in excess of 115°F (46°C) for short periods of time…”

Naegleria Fowleri Amoebic Meningitis RiskNaegleria fowleriis an amoeba common to warm bodies of fresh water, including lakes and unchlorinated or poorly chlorinated swimming pools. This amoeba can infect the human nervous system and induce a lethal form of encephalitis when a victim insufflates contaminated water deep into the nasal cavities; while infection is relatively rare, only one percent of all victims survive. This parasite has made the news in recent years with the moniker “brain-eating amoeba” because it feeds on the proteins that help form neurons in our brains.

HospitalityLawyer Converge Solutions

http://hlconverge.com/

Both travelers and hotel owners/operators need to understand the conditions that encourage N.fowleri infection, as this amoeba presents a significant health hazard and a potential liability. N.fowleri thrives in warm fresh water; it cannot survive in very cold, salty, or properly chlorinated water. Infections typically occur in stagnant bodies of water, often after swimmers have stirred up sediment (which contains N.fowleri spores), and usually involve an activity like jumping, diving, or wakeboarding. In 2012, two people in Louisiana died from N.fowleri infection after using contaminated tap water with their neti pots. Death almost always occurs one to twelve days after infection.

This past summer, a four year-old boy in Bernard Parish, Louisiana, died of PAM (primary amebic meningoencephalitis, the extremely lethal result of N.fowleri infection) after playing on a Slip ‘n Slide. A twelve year-old boy in LaBelle, Florida, died of PAM after kneeboarding in a water-filled ditch near his home. One very lucky twelve year-old girl from Arkansas managed to survive an N.fowleri infection, making her the third survivor in the recorded history of the disease.

For more:  http://hlconverge.com/

Comments Off on Hospitality Industry Health Hazards: Hotel Owners Must Be Aware Of Risks From “Naegleria Fowleriis”, Known As “Brain-Eating Amoeba” In Warm Fresh Water On Or Around Their Premises

Filed under Guest Issues, Health, Labor Issues, Liability, Management And Ownership, Pool And Spa, Risk Management