Tag Archives: Legal Issues

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

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

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

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

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

Hospitality Industry Guest Issues: “Can You Legally Smoke Marijuana in a Seattle Hotel Room?”

“…According to the Washington Lodging Association, there are no universally enforced protocols within the hospitality industry as to smoking marijuana inside the hotels for medical or recreational purposes. Image Because of this, it is completely up to the hotel owners whether to allow marijuana use in the designated smoking rooms or not…”

With legal recreational pot shops set to open for business at some point in the spring, Seattle City Attorney Pete Holmes and others have been pushing the state to okay places where marijuana tourists in Seattle can smoke up. (So far to no avail.)

Their fear is that our streets will be crowded with tourists smoking in public and annoying everyone, as well as breaking the law against public “display” of weed. The fine is only $27, but the backlash could be bigger with too many puffers wandering around.

But in a state where it is illegal to smoke anything inside or around public places, things can get tricky for these tourists wanting to exercise their newfound freedom in hotel rooms.

For more: http://blog.seattlepi.com/marijuana/2014/02/05/answered-can-you-legally-smoke-marijuana-in-a-seattle-hotel-room/#14194103=0&20036105=0&20340101=0

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Filed under Green Lodging, Guest Issues, Maintenance, Management And Ownership, Risk Management, Training

Hospitality Industry Legal Update: “Plaza Hotel Using Noise as Legal Reason to Remove Bike-Share Rake”

“…Steven Sladkus, attorney for the luxury hotel and condos, told The Post when he first filed the case last fall, Image “The public should enjoy unobstructed or unblemished landmarks. This isn’t just for the ‘wealthy’ in The Plaza. This is for the benefit of everyone. Don’t mar it.” He declined to comment on the city’s response…”

A city attorney blasted The Plaza hotel for using “red herrings” such as traffic, noise and historical import in its legal quest to remove a bulky bike-share rack near its entrance.

“It is clear that this proceeding is motivated instead purely by The Plaza hotel’s aesthetic concerns,” Nicholas Ciappetta, a lawyer for the city, said in a Jan. 28 court filing revealed Tuesday. “In other words, The Plaza hotel does not want the station anywhere in its vicinity,” Ciappetta added, asking a judge to toss the “meritless” case.

Ciappetta called the high-priced hotel “self-serving” for trying to oust one of the city’s most popular kiosks.

For more: http://nypost.com/2014/02/05/plaza-hotel-using-noise-as-legal-reason-to-remove-bike-share-rake/

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Filed under Guest Issues, Maintenance, Management And Ownership, Privacy

Hospitality Industry Security Update: “Mission Valley Travelodge Owners Agree to Increase Security Measures to Thwart Prostitution”

“…Tourism is one of San Diego’s largest industries, guests to our city should feel safe and secure during their stay,” said City Attorney Jan Goldsmith.Image “Our office will continue to combat illegal activity such as prostitution and will work diligently to hold business owners accountable and clean up neighborhoods…” 

SAN DIEGO (CNS) – The owners of the Travelodge motel in Mission Valley have agreed to increase security measures to thwart prostitution activity, the San Diego City Attorney’s Office announced Monday.

Mission Valley Travelodge Joint Venture and WW Lodging Ltd. are to hire onsite security guards and reimburse the city of San Diego more than $18,000 in investigative costs, according to the deal reached last week.

The partnership that owns and manages the motel at 1201 Hotel Circle S. already have installed more security cameras, posted signs to deter criminal activity and improved registration policies to include the photocopying of all guest and visitor identification cards and registering of all guest and visitor vehicles, the City Attorney’s Office said.

For more: http://www.sandiego6.com/story/owners-of-mission-valley-travelodge-agree-to-increase-security-measures-to-thwart-prostitution-activity-20140203

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Filed under Crime, Guest Issues, Maintenance, Management And Ownership, Risk Management

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

Hospitality Industry Food Safety Update: “Under New Food Safety Law, Bartenders Have to Wear Gloves”

“…In an effort to educate restaurant operators and health inspectors, the law will undergo a “soft roll-out” during the next six months to a year,Image according to the Los Angeles County Department of Public Health. No points will be deducted when food handlers are not wearing gloves, but restaurant operators will receive a warning instead…”

Chefs aren’t the only ones affected by a new food safety law that bans culinary workers from touching certain foods with their bare hands. Like chefs, bartenders have to wear gloves or use other utensils to make their drinks. No touching ice, fruit garnishes or anything else that goes directly into your glass.

Changes to the California Retail Food Code that went into effect at the beginning of 2014 require disposable gloves or utensils such as tongs, paper or scoops to be used when handling “ready-to-eat” foods, which include sushi, bread, deli meats and fresh fruit and vegetables. Basically, nothing that won’t be cooked or reheated before it goes out to diners can be touched with bare hands.

For more: http://www.latimes.com/food/dailydish/la-dd-under-new-food-safety-law-bartenders-have-to-wear-gloves-20140114,0,7520647.story#axzz2qTxmrCcS

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Filed under Employment Practices Liability, Food Illnesses, Hotel Bar, Hotel Restaurant, Management And Ownership, Training