Tag Archives: Lawsuits

by | April 9, 2014 · 8:37 am

Hospitality Industry Legal Risk: “Caring For Dying Wife Cost Chef at Tony Hotel His Job, Lawsuit Alleges”

“…Esselborn maintains he was entitled to take the time off to care for his ailing wife. The federal Family and Medical Leave Act allows workers to take up to 12 weeks of unpaid leave to care for immediate family members with a serious health conditionImage….A message left Tuesday for the hotel’s general manager was not immediately returned. The suit, filed in Manhattan state Supreme Court, seeks unspecified monetary damages…”

STATEN ISLAND, N.Y. — Annadale resident Robert Esselborn and his family endured a staggering blow on Christmas Eve when his wife, Barbara, a popular school teacher, died nine days after suddenly taking ill. She was just 38.

The day before, Esselborn had been jolted on another front.

He was fired by reality-show-winning chef Anthony Paris from his night cook job at Manhattan’s chic Crosby Street Hotel for taking time off to care for his dying spouse, Esselborn alleges in a lawsuit.

For more: http://www.silive.com/southshore/index.ssf/2014/04/caring_for_dying_wife_cost_che.html

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Filed under Claims, Employee Benefits, Hotel Industry, Hotel Restaurant, Management And Ownership

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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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Filed under Claims, Fire, Hotel Industry, Injuries, Maintenance, Management And Ownership, Risk Management, Technology

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by | March 25, 2014 · 8:35 am

Hospitality Industry Legal Update: “Bed Bug Lawsuits: Reducing Your Clients’ Risk”

“…Your clients, of course, are responsible for their own actions, or lack of action, when dealing with bed bugs. But there are actions you can take to help your clients avoid these kinds of deviations, minimize their risk of lawsuits, and reduce their liability if a lawsuit is ultimately filed. Of course, by doing so, you also reduce your own liability and risk from any bed bug litigation. But you must be proactive…”

Until they experience a bed bug crisis first hand, property managers usually can’t comprehend the full impact on their property. Most fail to appreciate just how difficult it is to control bed bugs once they have spread and become established.

That’s why property managers often address bed bug complaints with the same casual approach as complaints about cockroaches or ants. They typically do not respond aggressively, at the first sign of trouble, and before the bed bugs become entrenched and spread to other areas of the building. And property managers often resist investing the time, money and effort necessary to control a bed bug outbreak. That puts both of you at risk of a lawsuit.

For more: http://www.pctonline.com/pct0314-bed-bug-lawsuits.aspx

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

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by | March 24, 2014 · 8:29 am

Hospitality Industry Legal Update: “Hotel Sues Fla. Sheriff Over Unwanted Guests”

“…Florida law ‘clearly sets forth that [as] a hotel operator of a transient establishment — you can go in and say, ‘I don’t wish to entertain you anymore,” Blair said. ‘The statute says you can call the sheriff, and he has a duty to remove them.’Image A separate group of independent hoteliers has sued along similar grounds. It is seeking a declaration on whether the Sheriff’s Office is properly interpreting state law, but that case is still pending in state court…”

OSCEOLA COUNTY, Fla. — Dianna Chane says she cannot get the Osceola County Sheriff’s Office to remove unwanted guests from her HomeSuiteHome hotel, even if they aren’t paying, are using drugs or committing assault.

Once a supporter of Osceola County Sheriff’s Office, Chane has sued Sheriff Bob Hansell, saying he is forcing independent hotels on U.S. Highway 192 to become homeless shelters.

“What has crushed me is I have been denied the right to manage my own property,” Chane said. “I feel like we’ve been taken hostage.”

For more: http://www.policeone.com/investigations/articles/7004783-Hotel-sues-Fla-sheriff-over-unwanted-guests/

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Filed under Crime, Hotel Industry, Maintenance, Management And Ownership, Risk Management

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by | March 20, 2014 · 8:32 am

Hospitality Industry Liability Update: “Palm Springs Hotel Guest Died of Carbon Monoxide Poisoning, Coroner Says”

“…’There was a dangerous condition that posed an immediate and grave risk to the health of any customer,’ Kaufman said. Image‘It’s remarkable to me that a condition this dangerous could be allowed to persist for not days, but almost two weeks, and take the life of a successful, caring and wonderful man.’…”

An Ohio attorney whose body was found in a Palm Springs hotel room in November died of carbon monoxide poisoning, the Riverside County coroner’s office said Wednesday.

The Palm Springs Police Department has been investigating the death and will present its findings to the Riverside County district attorney’s office for possible criminal charges, said Palm Springs Police Lt. Mitch Spike.

For more: http://www.latimes.com/business/money/la-fi-mo-palm-springs-hotel-guest-died-from-carbon-monoxide-poisoning-coroner-says-20140319,0,5611674.story#axzz2wW6yGmmP

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

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by | February 11, 2014 · 9:08 am

Hospitality Industry Legal Update: “Va. AG Sues Richmond Magnuson Grand Hotel”

“Virginia consumers have every right to expect that agreements will be honored when it comes time for delivery of goods and services,” Herring said.Richmond-Magnuson-Grand “I will not tolerate businesses that misrepresent themselves or mislead customers and my office is absolutely committed to protecting Virginia consumers from such practices.”

RICHMOND, Va. (Legal Newsline) – Virginia Attorney General Mark Herring announced a lawsuit on Friday against the operator of a Henrico County hotel for allegedly violating the Virginia Consumer Protection Act and the state’s bait and switch statute.

GRM Management LLC, the operator of the Richmond Magnuson Grand Hotel and Convention Center, allegedly offered and confirmed room rates for one price but overcharged customers upon check-in or told them their requested room was unavailable.

For more: http://legalnewsline.com/news/247135-va-ag-sues-richmond-magnuson-grand-hotel

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Filed under Employee Practices, Employment Practices Liability, Guest Issues, Management And Ownership, Training

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by | February 4, 2014 · 9:00 am

Hospitality Industry Liability Risk: “Legally Speaking: Avoiding Bath Fall Liability”

“…But knowing that shower areas present risks is not a trade secret shared only among guests. Hoteliers are also in the know. That fact imposes on inns a duty to take reasonable steps to prevent foreseeable bathroom mishaps. bathThose steps include installation and ongoing maintenance of any of the following: non-skid strips on the tub or shower floor, a bathmat, handrails along the walls of the tub for gripping and/or like devices designed to reduce the dangers. Failure to provide, and keep in good form, these simple apparatus deprives the guest of protection against falling, and in many states opens the door, to a founded lawsuit…”

Some issues in hotel law come and go. Falls in slippery bathtubs have a sticking quality. Liability in this type of lawsuit can be avoided but it takes some attention to those porcelain bastions of cleanliness.

In the typical case a guest is showering, loses his balance and falls. Because floors and walls surrounding showers are customarily rock-hard, injuries are likely to occur and be substantial.

So, who’s at fault? The answer is: it depends. Yes, guests should know that tubs and shower stalls are, by their very nature, slippery and potentially dangerous. And, yes, guests should therefore use caution to protect themselves from injury.

For more: http://hlconverge.com/index.php/component/k2/item/781-legally-speaking-avoiding-bath-fall-liability

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

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by | January 28, 2014 · 8:38 am

Hospitality Industry Legal Risk: “Woman Forced to Cut Dreadlocks After Bedbugs Found in Suburban Chicago Hotel Room: Lawsuit”

“…Harder to explain is the trauma affecting travel for me now. I travel a lot for work, and every time I stay at a hotel I just get filled with anxiety…”453857859

“…Brumfield claims that on the second day of her stay at the hotel in Oct. 2012 a manager said an inspection of her room was needed after the bloodsucking Cimex Lectularius insects were found next door…”

A tennis coach was forced to cut off her waist-length dreadlocks after finding bedbugs in her suburban Chicago hotel room, a lawsuit claims.

Donna Brumfield alleges she had to hack off the cherished mane she’d been growing for 13 years after the creepy critters set up home on her head.

For more: http://www.nydailynews.com/news/national/woman-forced-cut-dreadlocks-bedbugs-found-hotel-room-lawsuit-article-1.1590046

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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 | January 13, 2014 · 8:40 am

Hospitality Industry Legal Risks: “Kari’s Law: Murder Victim’s Family Campaigns To Change Hotel Policy”

“When we do this we want to do it right so people can feel comfortable when they have to dial 911 and they get an emergency dispatcher,” ImageGohmert told local TV station KETK. “Even adults when they’re witnessing something terribly traumatic will not be thinking about ‘what do I dial to get an outside line?’ They’d be running and dialing 911.”

“We are attempting to ensure that any person needing police, EMS or the Fire Department at any hotel or motel location may be able to dial the numbers 911 and receive emergency response,”

It was Dec. 1, 2013, and Kari Rene Hunt lie on the brink of death in a hotel room in East Texas. The eldest of her three children, a 9-year-old daughter, attempted to call 911 for help, but because she had no idea that she would have to dial 9 first to get an outside line, the call never went through and her mother succumbed to her wounds. Now, Hunt’s father Hank is out to ensure that hotels across the nation do away with systems that require dialing anything before 911 to make certain that the same scenario doesn’t happen again.

“We are attempting to ensure that any person needing police, EMS or the Fire Department at any hotel or motel location may be able to dial the numbers 911 and receive emergency response,” Hank said in a petition on Change.org. “In a panic, any underage child — or for that matter, anyone in an emergency situation — should be able to depend on dialing 911 from any phone in the United States and receiving assistance.”

For more: http://www.ibtimes.com/karis-law-murder-victims-family-campaigns-change-hotel-policy-1536166

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

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