Tag Archives: HospitalityLawyer.com
“2014 Hospitality Law Conference” Sponsored By HospitalityLawyer.com On February 10-12 Features Industry Legal, Safety And Security Solutions
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Filed under Conferences, Guest Issues, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training
Hospitality Industry Risk Solutions: “2014 Hospitality Insurance & Loss Prevention Summit” On February 10 Presented By Petra Risk Solutions
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December 20, 2013 · 6:45 amHospitality Law Insider: Managing The Risks Of “Bedbugs†By Stephen Barth Of HospitalityLawyer.com (Video)
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Filed under Guest Issues, Labor Issues, Liability, Management And Ownership, Risk Management, Training
Hospitality Industry Legal Risks: “How To Serve Alcohol At A Company Party Without Getting Sued” By Tom Posey
How to Serve Alcohol at a Company Party Without Getting Sued
By Tom Posey, Partner, Faegre Baker Daniels
With the holidays right around the corner, many businesses will host festive company outings and events for their employees, including parties at the office—and often these celebrations include alcohol.
Employers need to understand the legal parameters of having alcohol in the workplace in order to establish a safe, responsible and enjoyable work environment for their employees. A few common questions from employers at this time of year are:
http://www.faegrebd.com/tom-posey
Some states have laws that govern “social host liability.” Through these laws, bartenders or social hosts can be held liable for events that result from over-serving someone (e.g. accidents, injuries, etc.).  These laws would make the organization responsible for monitoring consumption and cutting off drinking by anyone who becomes intoxicated, so be aware of the laws in your jurisdiction.
If some of our employees are under the legal drinking age, can we still serve alcohol?
Employers must ensure that no one underage has access to alcohol. If alcohol is served to a minor, the employer can be subject to the same stiff fines and penalties that a store or bar that serves a minor would face. Â Accordingly, if underage employees will be attending the party, employers must be vigilant in making sure that they are not served or allowed access to alcoholic beverages.
If an employee has too much to drink and has an accident, it is still covered by our insurance, right?
Employers who provide alcohol to their employees may unwittingly negate coverage under their general liability insurance policies and be on the hook for costs associated with alcohol-related incidents or injuries, so be aware of the limitations and exceptions applicable to your organization’s employee-related policies.
Any other legal risks the organization might face if alcohol will be served at holiday functions?
There is an increased risk of sexual harassment-related complaints that result from company events where alcohol is present (e.g. the stereotypical office holiday party 
that is always satirized in movies and TV shows). Remember that even though the function might be held outside normal working hours, employees are still afforded protection from harassment or other inappropriate conduct that might be directed at them by their colleagues.
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Filed under Employment Practices Liability, Insurance, Labor Issues, Liability, Risk Management, Training
Hospitality Law Insider: “Duty Of Care” That Businesses Owe To Mobile Employees From Stephen Barth Of HospitalityLawyer.com (Video)
In the second episode of Hospitality Law Insider, Stephen Barth covers some essential items to consider when adapting your travel risk plan to meet duty of care obligations. Learn more about how to deal with medical issues, evacuation considerations, and civil unrest.
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Hospitality Industry Risk Solutions: “Liability Insurance: An Essential Precaution” For Hotel And Restaurant Owners By HospitalityLawyer.com
Once you have the proper coverage through a financially solvent company, ascertain that the amount of the coverage meets your needs. To ensure that you fully understand how much you actually have for the entire period, it is critical that you become familiar with the following concepts and terms: per occurrence, aggregate and umbrella or excess insurance.
You must also be aware of “claims made†policies. The term “claims made†means that the coverage is only available if an actual claim is brought to the attention of the insurance company during the policy period. Usual insurance policies cover claims that occur during the policy period, although they are not brought to the attention of the insurance company until after the coverage period has elapsed.
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When you buy liability coverage for your hotel or restaurant operation, you should receive a measure of protection and peace of mind, but for some reason you remain with that gnawing feeling that all may not be well with your insurance portfolio. You think you did what you were supposed to do. But did you? Do you have enough insurance? Do you have the right kind of coverage to cover possible accidents, incidents and catastrophes? Employer’s liability? Liquor liability? Auto insurance for employees who drive a car on behalf of the business? Do you know where your liability insurance policy is? When was the last time you read it? Do you understand the fine print? Do you know who the underwriter is – not the agent, but the company that is supposed to pay in the event of a claim? Do you know whether the insurance company is financially solvent?
Insurance Policy Coverage Checklist
1. General Liability (fire and casualty for the premises and hotel operations)
2. Employers Liability (discrimination claims)
3.  Workers’ Compensation (injury on the job)
4.  Liquor Liability (dram shop liability)
5. Â Swimming Pool/Spa/Workout Area Addendums
6. Â Golf Course Operators Liability
7.  Employee Security Bonds
8. Automobile Liability (autos, motorized carts, shuttle service, etc.)
9.  Outdoor/Water Activity Coverage Addendum
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“2014 Hospitality Law Conference” Sponsored By HospitalityLawyer.com On February 10-12 Features Industry Legal, Safety And Security Solutions
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Filed under Conferences, Guest Issues, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, 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
“…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 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.
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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:Â http://hlconverge.com/
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Hospitality Industry Employment Issues: “Becoming A Resume Lie Detector” From HospitalityLawyer.com
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Hospitality Industry Pool Safety: “Hotel Swimming Pool Liability Reduction Checklist” From HospitalityLawyer.com
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Filed under Guest Issues, Liability, Maintenance, Management And Ownership, Pool And Spa, Risk Management, Training
