Tag Archives: Hotels

Hospitality Industry Security Risks: Illinois Hotel And Restaurant Sued For “Negligence” After Guest Attacked By Man With Knife In Restroom; “Allowed Unauthorized Access To Property”

“…The lawsuit claims the hotel and restaurant at 909 N. Michigan Avenue were negligent when they allowed Restaurant Crime“unauthorized persons to gain access to their hotel, restaurant and restroom facilities” and didn’t perform proper security checks…”

An Oak Brook doctor who was stabbed in the neck and face during an attempted holdup at a Gold Coast restaurant in November is suing his alleged attacker along with the restaurant and hotel that houses it. Mir Shah says he was violently attacked and stabbed several times by Jimmy Harris in the bathroom of the Westin’s The Grill on the Alley on Nov. 17, according to a lawsuit filed Monday in Cook County Circuit Court. The restaurant’s bartender was also injured when he chased Harris, who cut him with a knife, police said.

Harris, who also goes by the name Jimmie Harris, had been freed from prison eight days prior to the attack. He has at least 60 arrests and nine felony convictions dating to the late 1970s, according to Chicago police, state and court records.

Shah, an oncologist, was out to dinner with his family that night after attending the Lights Festival along the Magnificent Mile. While in the bathroom, Harris approached Shah and announced a robbery before stabbing the doctor in the right side of his neck and face, prosecutors said. Shah is now disfigured and disabled, according to the suit.

For more:  http://www.chicagotribune.com/news/local/breaking/chi-doctor-stabbed-after-mag-mile-lights-festival-sues-suspect-20130107,0,4498714.story

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Filed under Crime, Guest Issues, Injuries, Insurance, Liability, Management And Ownership

Hospitality Industry Legal Risks: Hotel “Mobile Applications” Must “Post Privacy Policy” Allowing Guests To “Access And/Or Request Changes To Personal Information”

“…In the case of an online service, “conspicuously posting” a privacy policy requires that the policy be “reasonably accessible…for consumers of the online service…the consumer (must be able) to access or request mobile technologychanges to personal information, (and) the operator of the site will notify consumers of changes, and the effective date of the policy..”

Hotel companies are actively entering the mobile application space as a means of gaining market share and solidifying guest relations. In addition to online travel agents like HotelsbyMe.com, a number of brands including Omni, Choice and Starwood have developed mobile applications. However, as mobile applications gain popularity, hotel companies should consider how privacy and security laws will impact how they can use those applications.

For companies with operations in California, that issue was highlighted on December 6, 2012, when the California Attorney General filed a lawsuit against Delta Airlines for failing to include a privacy policy with a smartphone application. The lawsuit, the first of its kind, alleges that Delta violated California law requiring online services to “conspicuously post its privacy policy” by failing to include such a policy with its “Fly Delta” mobile application.

The California online privacy law

In 2004, California enacted the California Online Privacy Protection Act (“CalOPPA”). This law requires operators of websites and online services to “conspicuously post” privacy policies about the personal information that is collected, how the consumer can access or request changes to personal information, how the operator of the site will notify consumers of changes, and the effective date of the policy.

In the case of an online service, “conspicuously posting” a privacy policy requires that the policy be “reasonably accessible…for consumers of the online service.”

CalOPPA does not define an “online service” or mention “mobile” or “smartphone” applications, likely due to the fact that in 2004, smartphones and mobile applications were just being developed. However, the California Attorney General considers any service available over the internet or that connects to the internet, including mobile apps, to be an “online service.”
For more:  http://www.hotelnewsresource.com/article68597Hotel_Lawyer_on_How_New_Privacy_Law_Enforcement_May_Affect_Your_Mobile_Apps_Used_in_Marketing_.html

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Filed under Guest Issues, Liability, Management And Ownership, Privacy, Risk Management

Hospitality Industry Property Risks: Louisiana Hotel Laundry Room Fire Causes “Heavy Water Damage” And Forces Evacuation Of Entire Building

“…The fire was found to have originated in a laundry room on the fourth floor of the hotel. The third and fourth floors sustained heavy water damage, as the sprinkler system helped to squelch the blaze…(additional Hotel fire and smoke damagefirefighters were needed) to assist with getting materials that were burned and water-damaged out of the building…”

A Saturday night fire at the CBD’s Hotel Intercontinental (444 St. Charles Ave.) damaged the middle floors of the 14-story structure, and moved guests to a nearby ballroom, according to the New Orleans Fire Department.

Firefighters went door-to-door at the 410 rooms to ensure that all guests evacuated the building. Initially, the fire was at two alarms, but the third and fourth alarms were struck to provide more manpower. A total of 31 trucks and 98 NOFD personnel were at the scene.

The fire was largely contained to the area where the fire originated, but smoke damage was reported on the floors above the fourth.

The fire was under control by 7:30 p.m. The only reports of injury in the blaze were from a guest who told authorities they were having trouble breathing. The guest refused medical assistance. The displaced guests were relocated to the second-floor ballroom in the Hilton New Orleans, which is located across St. Charles Ave.

For more:  http://noladefender.com/content/four-ala76rm-fire-dam98ages-st-charles-ave-hotel

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Filed under Fire, Guest Issues, Insurance, Management And Ownership, Risk Management

Hospitality Industry Crime Risks: Washington Hotel Room Used By “Major Identity Theft And Forgery Ring”; Police Seize Laptops, Lamination Machine And Bags Of Stolen Mail

“These labs tend to be mobile…they go from hotel to hotel…the room contained a computer, two laptops, laminating paper, card stock, check stock and a hot laminator machine along with identification, checks and identity theftbags of mail that had been stolen. Also seized were more than 100 licenses and other IDs, roughly 20 hard drives and numerous other media storage devices, such as thumb drives and memory chips.

Police and U.S. Secret Service agents believe they have taken down a major identity theft and forgery ring involving at least a dozen suspects and more than 100 victims. The number of victims could grow as experts analyze computer hard drives and video surveillance footage from businesses where the suspects tried to get money. As of Friday evening, authorities estimated more than $45,000 had been stolen, but said that amount is likely to grow.

Evidence is being examined at the Secret Service’s Electronic Crimes Task Force lab in Seattle. Many of the victims — both individuals and businesses — are from Everett, but the center for the operation was traced to a hotel room in Shoreline.

That’s where police and the Secret Service found what amounted to a ID-theft factory Thursday.

For more:  http://heraldnet.com/article/20130105/NEWS01/701059947

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Filed under Crime, Guest Issues, Liability, Management And Ownership, Technology, Theft

Hospitality Industry Theft Risks: California Hotel Guest Arrested For Using Stolen Credit Card To Pay For Room; Used Laptop On Open Wi-Fi Network To Steal Account Information

“…(suspect) allegedly rented a room at the Montage by using a stolen credit card. The fraud went undiscovered for two days while Larson accrued a $2,134 tab, but he disappeared from the resort prior to the arrival of cyber securitypolice…he used a laptop to collect credit card information from people making purchases or checking their accounts…”

An admitted identity thief, apparently expert at stealing credit card account information over open wi-fi networks, was arrested last week after skipping out on a $2,134 bill at Montage Laguna Beach, police said. Police tracked Harold Eric Larson, 37, to his hometown of Orange and arrested him on Thursday, Dec. 27, on several theft related charges, Capt. Jason Kravetz said in a statement. He is accused of using stolen credit card numbers to rent hotel rooms to for himself and friends in Laguna Beach, Newport Beach and Costa Mesa, Kravetz said.

Coincidentally, on Dec. 26 police received a complaint about guests using drugs in a room at Laguna Cliffs Inn and arrested Edward Richard York, 40, of Tustin, allegedly for possessing methamphetamine and marijuana, Sgt. Louise Callus said. Officers learned the room was rented with a stolen credit card number provided by Larson, said Kravetz.

Larson was previously arrested by Laguna police last April on 23 felony counts of fraud and theft after he was caught using stolen credit card information to rent hotel rooms.  He pled guilty to the charges and was sentenced to three years probation, one year in jail and restitution.

For more:  http://www.lagunabeachindependent.com/2013/01/02/identity-thief-held-hotel-scam/

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Filed under Crime, Guest Issues, Liability, Management And Ownership, Risk Management, Technology, Theft

Hospitality Industry Legal Risks: California Hotel Faces Class-Action Lawsuit Over “Fixed Percentage Withholdings” From Room Service Tips; Violation Of California Labor Law

“…(plaintiff) claims the hotel pools the tips of its room service delivery staff and withholds a fixed percentage of them…the withholdings, which have been standard policy since at least 2003, violate California labor Hospitality Industry Class Action Lawsuitslaw…he seeks compensatory and exemplary damages for unfair competition, conversion and money had and received…”

Hyatt Hotels and the Manchester Financial Group steal workers’ tips to cover “glass breakage,” whether employees have broken any glasses or not, a class action claims in Superior Court. Former room service delivery worker Leonardo Acosta sued Host Hotels and Resorts, Manchester Financial Group and Hyatt Hotels Corp.

“Hyatt and the other defendants maintain that the monies are withheld pursuant to Hyatt’s policy of reimbursing themselves for purported ‘glass breakage.’ The same percentage of gratuities was withheld from all room service delivery workers in plaintiffs’ tip pool, without regard to the amount of breakage, if any, during any pay period.

The same percentage of gratuities was withheld from all room service delivery workers in plaintiffs’ tip pool, without regard to whether any purported breakage was caused by any dishonest or willful act, or by the gross negligence of any employee … [and] without regard to the individual, if any, responsible for the alleged breakage,” Acosta claims.

For more:  http://www.courthousenews.com/2013/01/02/53536.htm

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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Theft Risks: Wisconsin Hotel Manager Charged With Stealing More Than $28,000; Purchased Prepaid Credit And Gift Cards From Company Accounts

A police audit of credit card purchases made by Huff on her company account revealed $19,603 in prepaid Visa and other gift card purchases made at a local grocery store during a six-month period. Investigators also employee theftdiscovered checks Huff wrote for personal use as well as additional credit card purchases for a cellphone, a computer, auto insurance and auto repairs.

A Schofield woman charged with stealing more than $28,000 from two hotels she managed will be sentenced Jan. 10 after reaching a plea deal with prosecutors. Gretchen Huff, 32, was charged in March with embezzlement after investigators discovered thousands of dollars in unauthorized charges to her employer’s credit card for personal purchases. Huff is the former general manager of two Ghidorzi Co. hotels, the Country Inns and Suites in Schofield and the Fairfield Inn and Suites in Weston.

Managers at Ghidorzi Cos. became suspicious of Huff in January after discovering a one-week van rental in August 2011 for $1,029. Police say Huff paid for the rental with a business credit card issued in her name. Huff admitted renting the van to go on vacation with her children in Nebraska and offered to pay back the money. Further investigation by Ghidorzi officials uncovered additional unauthorized charges, including $2,000 for a used car and stereo equipment Huff said she purchased for a boyfriend in Chicago.

For more:  http://www.stevenspointjournal.com/article/20121228/SPJ0101/312280278/Sentencing-set-woman-charged-hotel-thefts?odyssey=mod|newswell|text|FRONTPAGE|s

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Filed under Crime, Insurance, Labor Issues, Liability, Management And Ownership, Theft

Hospitality Industry Legal Risks: Workplace Discrimination Lawsuits Increase As Companies Employ "Ethnically Diverse Labor Force"; Hotel Worker Mocked For His "Accent" Awarded $500,000 Settlement

Earlier this year, an Iraqi hotel worker in Phoenix won a $500,000 settlement from the Four Points Sheraton. EEOCHe claimed his co-workers mocked his accent and called him derogatory names. According to the EEOC, the worker’s managers didn’t take his complaints seriously, which made his workplace situation intolerable.

Workplace discrimination complaints based on national origin, including those involving language ability, increased by 76 percent from 1997 to 2011, according to the EEOC. The agency says the trend reflects a more ethnically diverse labor force.

Civil rights advocates say workplaces have become more hostile toward workers who don’t speak perfect English.

“There’s definitely a climate of fear that’s bad for everyone,” John Mejia, legal director for the American Civil Liberties Union (ACLU), told Insurance Journal.

Some workers have won large settlements in accent-related lawsuits.

For more:  http://www.insidecounsel.com/2012/12/26/accent-related-discrimination-suits-on-the-rise-sa

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Filed under Claims, Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Legal Risks: Connecticut Hotel Guilty In "Wrongful Death" Lawsuit Filed By Family Of Man Killed By Hotel Van; Jury Awards $2.3 Million For Driver's Negligence

The jurors ruled both Coleman and Campos were at fault in the accident. But the jurors said Coleman, and thus LaQuinta as well, were responsible for 58 percent of the negligence and Campos was responsible for 42 Hospitality Industry Lawsuitpercent…the (victim) was found to share some of the negligence probably because “no one can say for sure” if he obeyed a stop sign…the (driver) did not have a stop sign…”

“…The lawsuit also alleged (driver) was using a cellphone in violation of state law…the jurors awarded $1,709,840 in damages to the victim’s estate and $580,000 in damages to the widow…”

The family of Jose Mauricio Campos Thursday won a jury verdict of nearly $2.3 million in a wrongful death lawsuit against a hotel corporation and its employee, the driver of a van that struck Campos. Campos, 52, was riding a bicycle at about 6:45 p.m. Sept. 15, 2008 when he was hit by the van, operated by Robert Edward Coleman, near the intersection of Westfield and Gilbert streets in West Haven.

Coleman was a defendant in the civil suit, along with his employer, LaQuinta Inn and Suites, owned by LQ Management. He and the corporation were found to be equally liable.

Campos, who was not wearing a helmet, was thrown to the pavement by the impact and suffered a serious head injury. He died three days later at Yale-New Haven Hospital after emergency surgery. The plaintiff was his wife, Gregoria Campos of West Haven. The Camposes had three sons, now adults.

For more:  http://nhregister.com/articles/2012/12/22/news/new_haven/doc50d67c73417dd288959464.txt

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Filed under Claims, Guest Issues, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Safety Risks: New Jersey Hotel "Not Responsible" For Near-Drowning Of Guest; Jury Finds Pool Area "Complied With State Law"

“…the attorney for the hotel owner, said the pool area complied with state law and asked the jury to consider pool safety No Lifeguard Signthe responsibility borne by Robert Smith and his daughter when they entered the pool…”

A jury in Hackensack on Thursday determined that a hotel owner was not responsible for a near-drowning that left a Georgia man brain-injured after he tried to rescue his daughter from the hotel’s swimming pool.

The family of Robert A. Smith sued Ratan R. Park, LLC., owner of the Ramada Inn in Rochelle Park, for damages after Smith was overcome by water on July 4, 2009, when he tried to rescue his 11-year-old daughter, Brianna, after she drifted into the pool’s deep end.

Smith remains in a nursing home with permanent brain injuries that an attorney for Smith’s family said were the direct result of negligence by the hotel’s owner.

In the trial before Superior Court Judge Charles Powers, Attorney Greg Haddad had argued that the pool’s depth markings were inaccurate, its bottom was steeper than it should have been and the hotel owner failed to provide a “life line” separating the pool’s deep and shallow ends, presenting a “perfect storm” for guests who couldn’t swim.

Neither Smith nor his daughter could swim, and O’Hara in closing arguments on Wednesday in state Superior Court told the jury in the civil case that “both had a duty to exercise reasonable care; they had an obligation to make reasonable observations.”

For more:  http://www.northjersey.com/news/Jury_absolves_Rochelle_Park_hotel_of_responsibility_in_near-drowning_in_pool.html

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