Tag Archives: Hospitality Lawyer

by | May 19, 2014 · 8:32 am

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

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

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by | April 22, 2014 · 9:18 am

Hospitality Industry Legal Update: “Hotel Hospitality: How to Stay on the Right Side of the Law”

“…No hotel firm wants to see their guests get hurt or for customer death to occur that they may have contributed to. Tragedies such as these are usually completely avoidable if the hotel Image follows health and safety and hospitality law guidelines for their guests. To keep on the right side of the law make sure you are fully up to date on your legal obligations towards your clients…?

The Hilton chain of hotels and its related businesses are being sued after the death of 27 year old Raul Hernandez Martinez, who was electrocuted after using a swimming pool at the Hilton Houston Westchase Hotel. According to Chron.com, he and his relatives had been using the pool on the evening of August 31st 2013 when the pool lights turned on as it began to get dark.

People began to complain of being shocked by electrical current and a child that was swimming at the deep end began to get into difficulties. On swimming over to him to assist him, Mr. Martinez was shocked and began convulsing.  Although he managed to lift the child out of the water, he was unable to get out. When he was pulled out, he had gone into cardiac arrest. He died six days later in the intensive care unit of the local hospital.

For more: http://hlconverge.com/index.php/component/k2/item/831-hotel-hospitality-how-to-stay-on-the-right-side-of-the-law

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Filed under Guest Issues, Hotel Industry, Insurance, Liability, Management And Ownership, Risk Management

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by | April 17, 2014 · 9:01 am

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

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

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by | April 16, 2014 · 9:06 am

Hospitality Industry Insurance Update: “Insurance Recovery for Business Interruption & Slowdown”

“…When claims arise, insurance companies will often look for ways to deny coverage or diminish their exposure to the loss. After charging you premiums based on the entirety of your business operations, these insurance companies should not be so quick to deny coverage to you on the grounds that Image you merely suffered a slowdown or partial interruption. If your insurance company is not fully cooperating, you should engage the services of an insurance recovery attorney who can assist you in getting the insurance company to honor its obligations under the policy…”

What happens when a hotel suffers property damage, whether by natural disaster or man-made accident, and is forced to close some or all of its rooms, amenities or services? It is important to understand how insurance can protect you from the resulting financial loss. In addition to potential recovery for property damage from your property/casualty policy, you may be able to recover lost revenue from your business interruption coverage. If your operations are disrupted, whether completely or partially, the language of your policy will determine if, and for how long, your insurance company will cover such loss.

For more: http://hlconverge.com/index.php/component/k2/item/825-insurance-recovery-for-business-interruption-slowdown

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Filed under Business Interruption Insurance, Insurance, Management And Ownership

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by | February 26, 2013 · 10:30 am

“Hospitality Lawyer” January-February 2013 Online Issue Features “Insurance Coverage For Food Service Industry Losses And Business Interruption”

2013 Hospitality Lawyer Jan Feb cover

Click on “Hospitality Lawyer” to view online issue

http://hospitalitylawyer.com/

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Filed under Business Interruption Insurance, Insurance, Labor Issues, Liability, Magazines, Management And Ownership, Risk Management

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