Tag Archives: Injuries

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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by | March 26, 2014 · 8:19 am

Hospitality Industry News Update: “Deadly Hotel Fire Raising Safety Concerns in New Jersey”

“…One woman, who stayed at Mariners Cove days before the fire, says the motel had battery-operated smoke detectors, but fire victims say they never went off.  ‘That’s the thing, they were battery-powered fire alarms. Once they get hot and they melt, they are not going to work,’ said Tammy Tilton…”

The deadly motel fire in Point Pleasant, New Jersey is raising safety concerns at other motels in the area.

Activity has died down at the scene, but the probe continues into Friday morning’s deadly fire at the Mariners Cove Motor Inn in Point Pleasant Beach.

The blaze killed four people, including 66-year-old Albert Sutton, formerly of Mount Laurel.

Based on surveillance footage pulled from the rubble and restored by computer experts at the Ocean County prosecutor’s office, detectives have determined the cause of the fire was careless smoking.

For more: http://abclocal.go.com/wpvi/story?section=news/local&id=9479643

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by | March 18, 2014 · 8:39 am

Hospitality Industry Risk Management Update: “Stamford Hotel Worker Arrested for Sexually Assaulting Guest”

“…Police say that Oyola-Bandara knocked on the woman’s door at the Super 8 motel at 32 Grenhart Road at about 3:30 a.m. and told the woman, who has been a resident of the motel for some time, that he is there to fix something. ImageThe woman recognized the man as a hotel worker and let him in. Oyola-Bandara then pulled out a bottle of liquor and put two glasses on the table and began pouring the liquor into the glasses…”

A West Side hotel maintenance worker who talked his way into a 60-year-old woman’s room early Saturday morning and tried to force himself on her was arrested after police found the man asleep in the woman’s hotel room.

Carlos Oyola-Bandera, 35, of 501 West Main St., Stamford, was charged with attempted rape, unlawful restraint, criminal trespass, fourth-degree sexual assault and breach of peace. He was held over the weekend by police in lieu of a $50,000 court appearance bond and is being arraigned at the Stamford courthouse Monday.

For more: http://blog.ctnews.com/stamford411/2014/03/17/stamford-hotel-worker-arrested-for-sexually-assaulting-guest/

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by | March 13, 2014 · 8:43 am

Hospitality Industry Risk Management Update: “NWC Student Dies in Fall at Denver Hotel”

“…Thamba’s death remains under investigation, according to Sonny Jackson, a spokesman for the Denver Police Department, but foul play is not suspectedImage….Thamba fell from a balcony at the Holiday Inn Denver East at 3333 Quebec St. between 3-4 a.m. Tuesday, Jackson said. How far he fell, and what caused the fall, have not been determined, Jackson said…”

An international student attending Northwest College died early Tuesday morning when he fell off a balcony at a Denver hotel.

Levy Thamba, of the Republic of Congo, Africa, began attending Northwest in late January. He apparently traveled to Denver during the college’s spring break.

For more: http://www.powelltribune.com/news/item/12164-nwc-student-dies-in-fall-at-denver-hotel

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Video

Hospitality Industry Legal Risk: “Parents File Lawsuit on Behalf of Teenage Girl Critically Injured in Panama City Parasailing Accident”

“…This lack of oversight means no one is keeping tabs on parasailing operators to make sure ropes that are damaged by sun and saltwater are replaced,” said Chalik who has spent years pushing for reform. “Parasailing should be a fun and safe activity, but parasailing companies that cut corners or disregard the safety of their customers can turn the popular beachside pastime into a dangerous and even deadly trip…”

PANAMA CITY, FL and ROANOKE, IN–(Marketwired – January 23, 2014) - The family of an Indiana teenage girl critically injured in a horrific parasailing accident last summer in Panama City, Fla. has filed a negligence lawsuit against the parasailing company, its owner and the hotel that operated the excursions.

On July 1, 2013, 17-year-old Alexis Fairchild of Huntington, Ind., and her friend Sidney Good of Roanoke, Ind., went up in tandem when strong winds snapped their parasail free from its boat below. Witnesses watched in horror as the girls were flung across the shoreline, smashed into a nearby condo rooftop and were dragged into a power line, before plunging into cars parked below.

“Aquatic Adventures Management Group, which operated Why Knot Parasail, not only ignored the fact that weather conditions had deteriorated, but failed to operate the boat a safe distance from shore,” said attorney Deborah Chalik, partner at The Law Offices of Chalik and Chalik, who filed the suit on in Bay County, Fla. on behalf of Alexis’ parents Michael and Angelia Fairchild. Chalik and Chalik has successfully represented a number of cases regarding parasailing accidents.

For more: http://www.marketwired.com/press-release/parents-file-lawsuit-on-behalf-teenage-girl-critically-injured-panama-city-parasailing-1871901.htm

For the original article: http://www.nydailynews.com/news/national/florida-parasailing-victim-sidney-good-breaks-silence-article-1.1587594

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by | January 23, 2014 · 8:41 am
by | September 18, 2013 · 8:44 am

Hospitality Industry Safety Risks: Pennsylvania Restaurant Owner Faces “Wrongful Death Lawsuit”; Man Suffered Cuts, Cardiac Arrest After Falling Thru “Plate Glass Door”

“…The complaint claims that (the restaurant owner) knew the glass doors were unsafe, and, “despite owning and operating the restaurant and premises for decades … never even attempted to make the plate glass entrance door even marginally safer, such as Hospitality Industry Wrongful Death Lawsuitsthrough the application of widely available safety films that are applied to glass and cost only a few dollars per square foot of coverage…(the victim) allegedly suffered several cardiac arrests and was pronounced dead at 2:03 p.m. due to “penetrating injuries to the neck leading to acute hemorrhagic shock.””

A widow blames hazardous plate glass for the death of her retired college professor husband who badly cut his throat on the shattered door of a sandwich shop.

Plate glass, also known as annealed glass, “constitutes a well-known safety hazard when broken because such glass can break into large, sharp and unreasonably dangerous jagged shards if impacted,” according to the complaint in Butler County, Pa.

Laminated or tempered glass is safer because it “fractures into small relatively harmless cubes that are less likely to cause significant injury,” the complaint adds.  Cynthia Brunken sued Bob’s Sub and Sandwich Shop, located in Slippery Rock Commons, and its owner Cindy Marlowe for wrongful death.

A national standard was officially recognized in 1966 and an act was created in Pennsylvania “Requiring the Use of Safety Glazing Materials.”

“Despite the known and obvious risks involved with the use of plate glass or annealed glass entrance doors, the glass entrance door used at the Bob’s Sub and Sandwich Shop restaurant on June 3, 2013 contained dangerous plate glass or annealed glass, and did not incorporate adequate or safer glazing material, rendering the glass door unreasonably dangerous to customers, business invitees and specifically, Glen W. Brunken,” according to the complaint.

For more:  http://www.courthousenews.com/2013/09/18/61234.htm

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by | August 21, 2013 · 5:58 am

Hospitality Industry Legal Risks: Texas Restaurant Sued By Man Who Fell On Step Hidden By “Busy Carpet Pattern”; “Dangerous Condition Created”

“…The suit asserts the defendant should haven known that the excessive pattern on the carpet obscured patrons’ abilities to detect the step and Hospitality Industry Injury Lawsuitsthat it confuses the eye…the suit further alleges there were no warning signs of the dangerous condition…the plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain, impairment and lost wages…”

Orange County resident Danny Stilley is blaming a “busy carpet pattern” at an area restaurant as the reason why he tripped and fell. Stilley filed suit against Kampus Korner Restaurant on Aug. 14 in Jefferson County District Court. According to the lawsuit, on Feb. 4, 2012, Stilley was a patron at the restaurant, located near the Lamar University campus. He purchased a cup of coffee and was instructed to go sit at an elevated section of the diner.

Stilley sat at his table for some time and when he got up he failed to “detect the change in floor elevation and tripped,” hitting the ground and knocking himself unconscious.

“The elevated area was covered with a carpet with a busy pattern,” the suit states. “Due to the very busy pattern on the carpet, it is difficult to detect the rise in elevation.”

For more:  http://setexasrecord.com/news/288504-busy-carpet-pattern-caused-mans-fall-suit-alleges

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by | August 17, 2013 · 7:12 am

Hospitality Industry Legal Risks: Texas Motel Sued By Guest Injured When “Defective Chair” Collapsed; “Latent, Unreasonably Dangerous Condition”

“…As he prepared for bed, he sat down in a chair to remove his boots…the chair collapsed under plaintiff causing him injury, the suit states. The Hospitality Industry Injury Lawsuitsdefective chair presented a latent, unreasonably dangerous condition…(the plaintiff) injured his left forearm, ribs and back when the chair collapsed, for which he seeks damages within the jurisdictional limits of the court…”

While staying at a Comfort Inn in Orange, Allen Doverspike, an Oklahoma resident, sat in a chair and began to take his boots off when the chair collapsed. Seeking less than $1 million for his injuries, Doverspike filed suit against Hospitality Operations on Aug. 5 in Jefferson County District Court.

According to the lawsuit, on Jan. 30 Doverspike checked into the Orange Comfort Inn.

The suit asserts the defendant should have repaired or replaced the chair.

For more:  http://setexasrecord.com/news/288232-man-sues-motel-after-chair-collapses-while-taking-off-boots

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by | July 27, 2013 · 5:48 am

Hospitality Industry Legal Risks: Texas Restaurant Sued For $1 Million By Customer Who “Slipped And Fell On Peanut Shells” On The Floor; Claims “Unreasonably Dangerous Condition”

“…The lawsuit states that (the plaintiff) slipped and fell in the restaurant on March 19, and that the restaurant and employees knew or should Hospitality Industry Injury Lawsuitshave known that the peanut shells on the floor created an unreasonably dangerous condition…(she) is suing for damages for physical pain, mental anguish, physical impairment, medical expenses, lost wages, loss of earning capacity and court costs…”

A Harlingen woman is seeking $1 million after she claims she slipped and fell on peanut shells on the floor of a local restaurant. Amelia Tijerina has filed a civil lawsuit arguing that Texas RoadHouse Inc. is responsible for the peanut shells on the restaurant’s floor. RoadHouse has denied Tijerina’s allegations and demands proof.

Tijerina sued the restaurant in state district court, but Texas RoadHouse moved the lawsuit to federal court, according to court records.

She also maintains that the restaurant or employees should have warned her about the peanut shells or should have removed them.

She is presented by Attorney Salvador Garcia and Jorge A. Green with The Green Law Firm of Brownsville.

Attorneys Karl W. Koen, Robert J. Collins, and Rachel R. Vulpitta of Gauntt, Earl, Binney & Koen, LLP of Dallas, who represent Texas RoadHouse, contend that it was Tijerina’s own actions or omissions that caused or contributed to her injury.

For more:  http://www.valleymorningstar.com/news/local_news/article_3296dd56-f669-11e2-a706-0019bb30f31a.html

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by | July 23, 2013 · 6:20 am

Hospitality Industry Safety Issues: Private-Sector Workplace Injuries Fall 30% From 2003-2011; Workers’ Compensation Claims And Premiums Decline As Safety Progams Pay Off

“…For private-sector employers, the number of injuries involving missed work days, job restrictions or transfers to different chores dropped to 1.8 per 100 full-time workers in 2011 from 2.6 in 2003…safety experts say OSHA crackdowns and more corporate focus on OSHA Safety And Health It's The Law-page-001reducing hazards helped cut the injury rate. Also, legislation in many states has made it harder to qualify for workers’ compensation, which has reduced the number of claims…a benefit of the decline is that the average cost of workers’ compensation per $100 of payroll fell to $1.79 last year from $2.67 in 1994…”

About 100 federal and state court cases involving retaliation for workers’ compensation claims were decided last year, roughly double the number a decade before, estimates Lex Larson, president of Employment Law Research Inc. Some lawyers attribute the increase to growing awareness among workers that they can seek redress in court.

While employers say the decline in injuries shows that safety programs are paying off, unions and plaintiffs’ lawyers counter that companies sometimes discourage workers from speaking up.

The U.S. Occupational Safety and Health Administration is taking a tougher line with employers and says too many injuries go unreported. The agency last year reminded employers that federal law bars them from retaliating against employees for reporting injuries. It also warned employers against offering bonuses or prizes for meeting safety goals if those incentives deter workers from reporting injuries.

For more:  http://online.wsj.com/article/SB10001424127887323664204578610133657300940.html

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