Tag Archives: Lawsuits

by | May 22, 2014 · 8:12 am

Hospitality Industry Legal Update: “Lincoln City Hotel Sues for Defamation After Anonymous Person Posts Scathing TripAdvisor Review”

“…In March, the Oregon Court of Appeals for the first time took up the issue of whether Oregon business owners can sue people who post scathing reviews on Yelp, Angie’s List, Facebook or elsewhere.Image In its March ruling, the appeals court said the owners of an outdoor wedding venue could sue a wedding guest who posted a Google Review that included the statement that attending the event was ‘The worst experience of my life!’..”

Less than a month after an anonymous TripAdvisor.com user posted a very unflattering review of a Lincoln City hotel, the hotel has filed a $74,500 defamation lawsuit in an attempt to stop the reviewer from posting again and driving away business.

For more: http://bit.ly/Ty1L8Z

Comments Off on Hospitality Industry Legal Update: “Lincoln City Hotel Sues for Defamation After Anonymous Person Posts Scathing TripAdvisor Review”

Filed under Guest Issues, Hotel Industry, Management And Ownership, Social Media

Tagged as , , , , , , , , , , , , , , , , , , ,

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

Comments Off on Hospitality Industry Risk Update: “Prevent Carbon Monoxide Poisoning in Your Hotel”

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

Tagged as , , , , , , , , , , , , , , , , , ,

by | May 13, 2014 · 8:18 am

Hospitality Industry Legal Update: “Lawsuit Seeks to Invalidate Massive Hotel Subsidy”

“…The suit claims that Kring illegally received $7,250 in contributions from entities and people connected to O’Connell, including Anaheim Park Place Inn, Orangewood, LLC, Image Stovall’s Inn, LLC and members of the Support Our Anaheim Resort (SOAR) advisory board, among others…”

A $158 million hotel tax subsidy — one that triggered a contentious Anaheim City Council split and a wave of political activism — is once again the target of a lawsuit that, if successful, could invalidate the deal.

For more: http://bit.ly/1spS9XL

Comments Off on Hospitality Industry Legal Update: “Lawsuit Seeks to Invalidate Massive Hotel Subsidy”

Filed under Crime, Hotel Industry, Legislation, Management And Ownership

Tagged as , , , , , , , , , , , , , , , , ,

by | May 2, 2014 · 8:46 am

Hospitality Risk Solutions Technology Update: “A Child’s Efforts To Save Her Mother Lead To Changes In Hotel 911 Calls”

“…According to a survey conducted by the American Hotel and Lodging Association, which found that guests can’t simply dial 911 for help in 55 percent of all franchised hotels…But Imagethe good news here is it seems like the majority of hotels who do not have direct-dial 911, those changes can be made by reprogramming the equipment rather than replacing it…”

As her mother was being attacked, a 9-year-old girl frantically dialed 911 for help from inside an East Texas hotel room. She dialed once, twice… four times that December day, but the call never went through.

Her mother took her last breath.

What the girl did not know was that the hotel’s phone system requires a “9″ first to reach an outside line. “She told us she did what she was supposed to do,” said her grandfather, Henry Hunt. “And it didn’t work.”

For more: http://cbsloc.al/1oa8Vtw

Comments Off on Hospitality Risk Solutions Technology Update: “A Child’s Efforts To Save Her Mother Lead To Changes In Hotel 911 Calls”

Filed under Claims, Crime, Guest Issues, Hotel Industry, Management And Ownership, Risk Management, Technology

Tagged as , , , , , , , , , , , , , , , , , , , , , ,

by | April 30, 2014 · 8:38 am

Hospitality Industry Legal Update: “Three Fired Workers Sue Comfort Inn in South Portland”

“…Parker’s lawsuit alleges she was closely scrutinized and was falsely accused of wrongdoing after reporting the harassment. She was fired in February 2011 for violating the hotel’s confidentiality policy. Image The lawsuit alleges she was discriminated against because of her age, which is now 69…”

Three former employees have sued the Comfort Inn in South Portland, alleging they were fired after reporting sexual harassment by a hotel maintenance worker.

The women allege in three separate lawsuits that they faced discrimination and were subsequently fired, all in 2011, after reporting that one of them was repeatedly sexually harassed by the male worker.

For more: http://bit.ly/1koKgyP

Comments Off on Hospitality Industry Legal Update: “Three Fired Workers Sue Comfort Inn in South Portland”

Filed under Employee Practices, Hotel Employees, Hotel Industry, Management And Ownership

Tagged as , , , , , , , , , , , , , , , , ,

by | April 29, 2014 · 8:40 am

Hospitality Industry Liability Update: ” Hotel Horrors, Avoiding the Silent Killer”

“…The organization issued a statement about the deadly gas saying  in part: proper installation andImage maintenance of fuel-fired equipment including adhering to the manufacturers  product warnings are the best measures to ensure no adverse carbon monoxide exposure occurs…”

South Carolina hotels will become a home away from home for many across the nation this summer. But a nice relaxing vacation and time by the pool could turn deadly.

“It depends how much you breath in,” says Columbia Fire Chief Aubrey Jenkins. Columbia Fire Chief Aubrey Jenkins is talking about Carbon Monoxide. It’s often called the “silent killer.” That’s because you can’t smell the gas or see it.

For more: http://www.wach.com/news/story.aspx?id=1036737#.U1_CNK1dXnw

Comments Off on Hospitality Industry Liability Update: ” Hotel Horrors, Avoiding the Silent Killer”

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

Tagged as , , , , , , , , , , , , , , , , , , , ,

by | April 25, 2014 · 8:21 am

Hospitality Industry Legal Update: “Woman Suing Syracuse Hotel for $1 million After Falling Off Bar Stool, Injuring Wrist”

“…The lawsuit alleges that the bar stool was too high off the ground, built to ‘coordinate with the height of the bar top.’ Image The hotel management knew of other problems with the height of the stools, the lawsuit claims…”

An Ohio woman is suing Syracuse’s Crowne Plaza Hotel after falling off a bar stool in the public lounge.

Antoinette Allison, of Reynoldsburg, Ohio, is seeking up to $1 million for her injuries after falling off the “defective” bar stool on April 14, 2011, according to her lawsuit.

The wooden, high-back bar stool landed on her wrist after the fall, which caused multiple fractures, her lawsuit claims. The injury required surgery.

For more: http://bit.ly/QFlDFo

Comments Off on Hospitality Industry Legal Update: “Woman Suing Syracuse Hotel for $1 million After Falling Off Bar Stool, Injuring Wrist”

Filed under Claims, Guest Issues, Hotel Industry, Injuries, Management And Ownership, Risk Management

Tagged as , , , , , , , , , , , , , , ,

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

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

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

Tagged as , , , , , , , , , , , , , , , , , , , ,

by | April 18, 2014 · 9:10 am

Hospitality Industry Legal Update: “Lawsuits to Recover Unpaid Wages and Damages For 89 Workers at Five Hotels Filed by US Labor Department”

“…Investigators from the division’s Columbus District Office found violations of the FLSA’s minimum wage, overtime and record keeping provisions for 61 workers jointly employed by Darpan Management and Fantastic Cleaning. Fantastic Cleaning, which provided housekeepers, attendants and laundry DOL staff for the hotels owned and operated by Darpan Management, misclassified the housekeepers, who were employees, as independent contractors. These employees were paid by the room and frequently did not earn enough to make the federal minimum wage…”

The U.S. Department of Labor has filed two lawsuits in the federal district court in Columbus against Darpan Management Inc.; five hotels the company owns and manages; and its owners, Darshan Shah, Vibhakar Shah and Prakash Patel.

One of the lawsuits addresses violations of the Fair Labor Standards Act’s minimum wage and overtime provisions for the hotel staff directly working for Darpan Management, and the other addresses similar violations for workers jointly employed by Fantastic Cleaning Ltd., a company that provided hotel staff to Darpan Management. The two lawsuits seek back wages and an equal amount in liquidated damages for 89 workers.

For more: http://www.norwalkreflector.com/article/4378786

Comments Off on Hospitality Industry Legal Update: “Lawsuits to Recover Unpaid Wages and Damages For 89 Workers at Five Hotels Filed by US Labor Department”

Filed under Claims, Employment Practices Liability, Hotel Employees, Hotel Industry, Labor Issues, Management And Ownership

Tagged as , , , , , , , , , , , , , ,

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

Comments Off on Hospitality Industry Legal Update: “Recent Hotel Incidents Serve as Cautionary Tales of Carbon Monoxide Health and Legal Risks”

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

Tagged as , , , , , , , , , , , , , , , , ,