Tag Archives: Legal Risks

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

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

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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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by | April 8, 2014 · 8:08 am

Hospitality Industry Risk Management Update: “5 Factors to Consider When Courting Spring Breakers”

“…Local ordinances and zoning laws could affect your business. ‘There comes a point when residents, business owners, and politicians no longer want those students there, and theyImage will start passing laws like in Daytona Beach or Fort Lauderdale to curb or even eliminate behavior,’ Laurie says. ‘Students will then go to a place where those rules don’t exist.’…”

From March through mid April, hundreds of thousands of college students flock to warmer climates for a weeklong escape from the winter doldrums and pressures of academic life. And while this time of year can bring a spike in hotel occupancy to popular vacation destinations across the country, the traditional spring break party does come with its fair share of challenges and risks for owners. John Laurie, director of the destination marketing and tourism practice at Bond Public Relations and Brand Strategy in New Orleans, shares five factors to consider when determining whether to court the next generation of spring breakers.

For more: http://www.lodgingmagazine.com/5-factors-to-consider-when-courting-spring-breakers/

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

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by | April 7, 2014 · 8:20 am

Hospitality Industry Safety Update: “Rancho Mirage Hotel Evacuated Due to Gas Line Rupture”

“…Someone in the area reported the smell of natural gas and the building’s 24 units were evacuated and police, fire and the Gas Co. were all called, she said. Image The damage was done to an approximately 1-inch line, she said. The gas was shut off and once the area was deemed safe, the nearly 65 people evacuated to another area of the 360-acre resort were allowed back into their units…”

RANCHO MIRAGE – A natural gas line has been repaired and an evacuation order lifted at Westin Hills Golf Resort and Spa hotel at 71-333 Dinah Shore Drive.

Something hit the meter at time share building number 45 which broke the line, said Deborah McGarry, spokeswoman for Southern California Gas Co.

For more: http://www.desertsun.com/story/news/local/2014/04/06/westin-hills-golf-resort-spa-rancho-mirage-gas-line-rupture/7389275/

 

 

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by | April 2, 2014 · 9:03 am

Hospitality Industry Management Update: “The Accessibility Puzzle: Navigating ADA Requirements”

“…In new construction and renovations, architects often fail to provide an appropriate variety of accessible rooms that would offer guests with disabilities options comparable to those available to non-disabled guests, Vu says. Image ‘This can be a very expensive mistake. Oftentimes hotels are purchased without a thorough ADA review so that the new owners are unaware of the issues present at their new hotel’…”

In the years since the passage of the Americans with Disabilities Act of 1990, the lodging industry has faced many hurdles—and many opportunities—in implementing the far-reaching civil rights law. The past two decades have been a mixed bag of regulatory enforcement, litigation, and gradual recognition of the roles ADA and accessible design play in our industry. Since 1990, hoteliers have spent billions of dollars making their facilities accessible to individuals with disabilities in compliance with the ADA, not only because it’s the law but also because it’s their mission to make all guests feel comfortable and welcome.

“ADA compliance for new properties is easier than older ones since new hotel compliance standards usually come from the brands,” says Raj Shendge, COO of Ohio-based SAP Hotels. ADA compliance for older properties is trickier. He notes that when rules change in the middle of the game it becomes much more difficult. “No lawyer, city official, fire marshal, brand manager knows what is happening.”

For more: http://www.lodgingmagazine.com/the-accessibility-puzzle-navigating-ada-requirements/

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by | March 31, 2014 · 9:10 am

Hospitality Industry Guest Issues: “Operator Of ‘Mobile ID Theft Lab’ Sentenced To Prison For Bank Fraud And Aggravated Identity Theft”

“…In asking for a lengthy prison sentence, prosecutors noted that Suryan’s operation not only enriched him, but also helped thieves and burglars profit from the information they stole.  Suryan ‘served as a lynchpin of identity theft activity in Snohomish County in the latter half of 2012;Image the forgery service provided by the defendant helped incentivize countless break-ins of mailboxes, homes, and vehicles by criminals searching for victim data…”

The man who forged multiple ID documents and financial documents for mail thieves in Snohomish County was sentenced today in U.S. District Court in Seattle to 65 months in prison, five years of supervised release and $59,177 in restitution, announced U.S. Attorney Jenny A. Durkan.  MICHAEL JOHN SURYAN, 54, formerly of Everett, Washington was arrested in January 2013, in a Shoreline, Washington motel where he had set up a mobile identity manufacturing operation.

Using documents his co-schemers stole from burglaries, mail thefts and car prowls, SURYAN manufactured fake IDs, and forged checks with the co-schemers listed as the payees.  A search of the room revealed more than 50 fake Washington State driver’s licenses, handwritten notes listing the names, addresses and personal information (including dates of birth, social security numbers, driver’s license numbers, and credit card or checking account information) for numerous victims.

For more: http://www.justice.gov/usao/waw/press/2014/March/suryan.html

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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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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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by | March 21, 2014 · 8:23 am

Hospitality Industry Liability Update: “3 People Killed in Deadly Fire At New Jersey Hotel Read”

“…The New Jersey Hotel is only of few blocks from the beach and most of its guests work in the fishing industryImage or are building contractors in the area. Many of the residents at the hotel have been displaced by Hurricane Sandy and forced to stay in the hotel until they can afford to repair their homes…”

 

A deadly fire took the lives of three people and critically injured at least three more, when a New Jersey hotel burst into flames.

Mariner’s Cove Motor Inn at Point Pleasant Beach, suddenly caught fire early this morning and had firefighters struggling to control the flames.

The Jersey shore hotel was completely destroyed by the blaze and upon entering the building firefighters discovered the bodies of three guests that couldn’t escape the inferno.

For more: http://americanlivewire.com/2014-03-21-3-people-killed-in-deadly-fire/

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