Tag Archives: Death

by | January 24, 2014 · 9:27 am

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.

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by | January 9, 2014 · 8:22 am

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

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by | November 6, 2013 · 11:44 am

Hospitality Industry Safety Risks: Florida Hotel Faces Serious “OSHA Safety Violations” After Death Of Worker Crushed By Elevator; Lacked “Written Lockout/Tagout Procedures”

“…(the Hotel management company) had faced $23,000 in proposed fines for three serious and two other-than-serious alleged violations, Hospitality Industry OSHA Violationsaccording to the citations…RIA-Tradewinds allegedly lacked a written lockout/tagout procedure for the hotel’s elevators, the employee authorized to lockout/tagout the elevator involved in the death didn’t do so, and there was no coordination of lockout/tagout procedures with Progressive Environmental. The two other-than-serious violations involved the lack of documentation for lockout/tagout procedures and training…”

Two companies face $84,000 in proposed fines over the death of a worker in Florida who was crushed by an elevator car while cleaning the bottom of an elevator shaft, according to citations released Nov. 4 by the Labor Department’s Occupational Safety and Health Administration.

The citations, dated Oct. 15, allege the two companies failed to coordinate their lockout/tagout procedures and that employees lacked required lockout/tagout training.

The worker, Mark Allen Johnson, 45, of Tampa, was employed by Progressive Environmental Services, doing business as SWS Environmental Services of Panama City Beach, according to OSHA and police reports. He died April 24 while cleaning oily water from the bottom an elevator shaft at a St. Petersburg Beach hotel. The hotel, Tradewinds Island Grand Beach Resort, is managed by RIA-Tradewinds Inc., according to the citations.

OSHA cited Progressive Environmental for one repeat and four serious alleged violations carrying proposed fines of $61,000.

For more:  http://about.bloomberglaw.com/law-reports/death-of-florida-worker-in-elevator-shaft-results-in-84000-in-fines-10-violations/

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by | October 3, 2013 · 5:30 am

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

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by | September 27, 2013 · 5:46 am

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

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by | July 28, 2013 · 6:25 am

Hospitality Industry Safety Risks: Ohio Hotel Sued For “Negligence” By Family Of Security Guard Stabbed To Death By Homeless Man; “Unlocked Outside Stairwell Doors” Posed Safety Threat

“…(the suit claims) the  hotel was obligated to provide a safe place for its employees to work, (but) the outside stairwell doors were left unlocked as Hotel Wrongful Death Lawsuitspart of hotel  policy…the suit claims the  hotel’s employees routinely left exit doors to the stairwells unlocked from the  outside, and the family’s attorney said this allowed the homeless (man) to come inside and sleep…the  safety threat posed by the unlocked doors was foreseeable and should have been  prevented…”

The family of a security guard who was stabbed to death while on duty has sued  the hotel where he worked. Richard Campbell was  stabbed to death on his 58th birthday, Dec. 7, when he confronted a man in the  stairwell of the Hilton Netherland Plaza in downtown Cincinnati. Joseph Tucker pleaded  guilty last month to one count of murder in the slaying and was sentenced to 15  years to life in prison.

Tucker said he was high on  marijuana and drunk at the time, and he said he’s not sure why he stabbed  Campbell. Police said Tucker was in  the process of stealing something when the security guard confronted  him. Campbell’s brothers and  sisters filed a lawsuit Tuesday in Hamilton County Common Pleas Court, claiming  the hotel was negligent.

Read more: http://www.wlwt.com/news/local-news/cincinnati/family-of-slain-security-guard-sues-hotel/-/13549970/21181176/-/qbalbyz/-/index.html#ixzz2aLjd0nBP

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by | June 13, 2013 · 6:16 am

Hospitality Industry Property Risks: Texas Hotel Fire Starts In Air Conditioning Unit, Resulting In Extensive Damage And Death Of Elderly Guest From Smoke Inhalation

“…occupants of the actual room where the fire started…woke up in the night to their fire alarm going off and could see fire coming out of the air Hotel Fire and Smoke Damageconditioning unit in their room…the death of hotel guest  Rena Goodson, 74, of Holly Lake Ranch, was attributed to smoke inhalation…she was carried from the burning building by firefighters and transferred to a Dallas hospital, where she died over the weekend…”

Fire investigators said Wednesday that the fire that claimed the life of a Holly Lake Ranch woman and destroyed a large part of the Best Western Trail Dust Inn started in an air conditioning unit.  Assistant Fire Marshall Eric Hill said fire investigators Aaron Kager and David James interviewed hotel guests and combed through the burned out section of the hotel before making the ruling.

The fatal fire broke out sometime before 2 a.m. Saturday in the west wing of the hotel. The assistant fire marshall said the motel was booked to capacity when the fire broke out and forced evacuation of 58 people staying in that section of the hotel. Another 150 people were evacuated from adjoining buildings, which were threatened by the fire that stretched firefighting resources.

For more:  http://www.myssnews.com/news-telegram/news/22372-fatal-hotel-fire-started-in-ac-unit-ruled-accidental.html

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by | June 11, 2013 · 5:55 am

Hospitality Industry Health Risks: Tennessee Hotel Guest Dies From “Carbon Monoxide Poisoning”; Room Directly Above Natural Gas Pool Heater

“…Health Department inspectors found deficiencies at the Best Western’s indoor swimming pool earlier this hotel Carbon Monoxide Poisoningyear…the bottom-floor pool is below the second-floor room where the deaths occurred. Room 225 is directly above a room with a natural gas heater for the pool, police said…a March 6 inspection showed the pool’s pump was not approved by an industry standards group. The report also found the pool’s chemical and equipment room needed better ventilation…”

Police on Monday said elevated carbon monoxide levels were found in a hotel room where an 11-year-old boy died over the weekend, two months after the poisonous gas killed an elderly couple in the same room. Authorities said an autopsy of Jeffrey Lee Williams of Rock Hill indicated he died from asphyxia, though blood tests were not complete. Jeffrey was found Saturday in a room at Best Western Plus Blue Ridge Plaza, where he was staying with his mother, Jeannie Williams.

Williams, 49, remained hospitalized Monday at Watauga Medical Center. At a Monday news conference, Boone police Sgt. Shane Robbins said newly obtained blood test results show carbon monoxide killed Daryl Dean Jenkins, 73, and Shirley Mae Jenkins, 72, both of Longview, Wash. They were found April 16, also in Room 225.

The revelations raised new questions about the death investigations, including why blood test results in the Jenkins’ deaths took two months to complete.

A spokesman for the N.C. Department of Health and Human Services, which oversees the state’s medical examiner’s office, refused to release death reports in the three cases, saying they were incomplete.

The Observer requested an interview with N.C. Chief Medical Examiner Dr. Deborah Radisch, but spokesman Ricky Diaz said she would not be available.

Read more here: http://www.charlotteobserver.com/2013/06/10/4097181/report-carbon-monoxide-found-at.html#storylink=cpy

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by | May 13, 2013 · 6:31 am

Hospitality Industry Legal Risks: Pennsylvania Restaurant Settles “Excessive Alcohol Lawsuit” For $8.9 Million; Staff To Complete “Responsible Alcohol Management Training” And Establish “Designated Driver Program”

“…(the drunk driver) consumed at least six liters of beer and several  shots of liquor over a period of about 41/2 hours…(he) vomited on a table and was  escorted out of the bar by security. He was allowed to leave, walked to his car  and crashed a short time later…his Hospitality Industry Excessive Alcohol Lawsuitsblood-alcohol level an hour after the crash was 0.219, more than twice  the legal limit…”

  • The restaurant’s staff, including managers, servers, bartenders and security, to be certified  in Responsible Alcohol Management training through an approved Pennsylvania  Liquor Control Board trainer.
  • Responsibility for identifying intoxicated guests will be included in job  descriptions for security personnel. In addition, the restaurant will establish  guidelines for responsible alcohol service and disseminate those to  employees.
  • It will use a new point-of-sales system to provide individual checks so they  know how much alcohol each customer is getting.
  • It also will provide water to  guests to slow alcohol consumption; will establish a designated driver program  providing complimentary non-alcohol beverages and will provide free light food  for guests who appear to be intoxicated.

The family of a 7-year-old girl who was killed by a drunken driver in 2010  after he left the Hofbrauhaus restaurant on the South Side on Tuesday reached a  $15.6 million settlement with the company. In addition to the financial payout, the German-style facility has agreed to  a number of changes in its protocol to try to reduce customer intoxication and  drunken driving.

Lexa Cleland, who was asleep in the back seat as her mother drove to pick up  her husband, Mark, from work the night of Dec. 4, 2010, was killed instantly  when her mother’s Toyota Camry was struck by a Ford Mustang driven by Travis  Isiminger on East Carson Street on the South Side.

The settlement breakdown pays $8.9 million to Nicole Cleland; $500,000 to  Mark Cleland; $2.1 million to the estate of Lexa Cleland; and just over $4  million to their attorneys, Goodrich & Associates, for costs and fees.

The lawsuit was filed against Hofbrauhaus and Isiminger, whose insurance will  be responsible for paying $100,000 of the settlement.

Read more: http://www.post-gazette.com/stories/local/neighborhoods-city/owners-of-south-sides-hofbrauhaus-settle-in-girls-death-for-156-million-686644/#ixzz2TBFxrkyx

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by | May 6, 2013 · 5:32 am

Hospitality Industry Legal Risks: New Mexico Restaurant Sued By Family Of Man Killed After “Leaving While Intoxicated”; Lawsuit Claims Corporate Policy Of “Driving Up Liquor Sales”

“…The lawsuit says the restaurant’s employees shouldn’t have served Varela the 20-ounce “Brewtus” beers and should have Alcohol Drink Responsiblystopped him from leaving while intoxicated…It also accused Applebee’s corporate leadership of encouraging its restaurants to drive up liquor sales, especially late at night, a policy it says “created a dangerous situation…”

The estate of a man who was struck and killed by a truck filed a lawsuit against the Taos restaurant that served him several 20-ounce beers, saying he was over served before he walked out of the restaurant and into the street where he was killed. The Albuquerque Journal reports Julian Varela, 49, had a blood alcohol level four times the legal limit for driving when he left the Applebee’s Neighborhood Grill and Bar on Dec. 29, 2011.

He was killed by a teen driver who wasn’t cited in the incident. The lawsuit names the 17-year-old as a defendant, saying he was negligent.

An attorney for Varela’s estate wouldn’t say where they got the internal emails and records those accusations are based on. The lawsuit references police reports from 2008 to 2011 that list 90 incidents, and the chain’s own log entries of gunshots, fights, assaults and other incidents at the restaurant.

It seeks punitive and other damages.

For more:  http://www.azcentral.com/news/free/20130501new-mexico-applebees-sued-over-drunk-pedestrians-death.html

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