Tag Archives: Excessive Alcohol Lawsuits
Hospitality Industry Legal Risks: Restaurants And Hotels Must “Thoroughly And Consistently” Train Employees For Alcohol Service
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Filed under Guest Issues, Labor Issues, Liability, Management And Ownership, Risk Management, Training
Hospitality Industry Legal Risks: Hotel Management Must Evaluate And Prepare For Potential “Punitive Damage Claims” In Lawsuits Arising From Privacy, Over Service Of Alcohol And Criminal Actions Of Employees
“…the No. 1 priority is effective case evaluation and resolution. Early factual investigation is critical in determining what happened, why it happened and who was involved. Knowing and preserving the correct version of facts and events with effective reporting mechanisms is essential 
to knowing what kind of claim possibly can be presented and what kind of exposure exists…”
“…it is critical to evaluate the potential punitive exposure early and assess the potential for a punitive claim to get to a jury. Always consider the risk that punitive damages may get to a jury, how a jury will receive the evidence and whether your hotel could be punished by a jury that is attempting to make a statement that these incidents will not be tolerated…”
Hoteliers may face the problematic public-relations case that contains a punitive damages claim. These claims include: invasion of privacy, inappropriate surveillance, over service of alcohol, and criminal actions of employees and third parties. These cases are difficult for members of the hospitality industry who pride themselves on showing customers a positive experience, want good feedback and want customers to return to their hotel.
Securing and preserving evidence, which includes photographs, videos, an accident report, incident statement and/or witness statements must be undertaken to document what the incident involves. If photographs and videos are not preserved once a hotel has notice of a claim, a court could instruct the jury that they can infer the hotel destroyed the evidence for a reason. It is critical to use technology to best find and preserve evidence. No potential accident can be overlooked as a hospitality group never knows what accidents can turn into a possible lawsuit.
For more:Â http://www.hotelnewsnow.com/Articles.aspx/10625/How-to-respond-to-punitive-damages-claims
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 
blood-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.
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Filed under Crime, Guest Issues, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training
