Tag Archives: Legal Risks

by | September 6, 2013 · 9:15 am

Hospitality Industry Legal Risks: Florida Sports Bar Sued By Man Attacked By Bouncers; Assault Captured On Cell Phone And Posted Online

“…a bystander caught the incident on his cell phone (and shows) the first punch thrown (at the plaintiff), then a bouncer stomping on his head.  However, Coelho was the one arrested and charged with battery on a law  enforcement officer…(but) what people see from the video (is that) he Sports Bar Lawsuit Over Assault By Bouncerswas the  victim an attorney stated…The state attorney agreed and dropped charges against Coelho…the (sports bar) posted a statement on their Facebook page deeply regretting the matter…The sports bar has also fired the bouncers involved in the altercation (and) they have  since been arrested for the attack…”

A man involved in a fight outside a South Florida bar is filing a lawsuit  against those, he says, are responsible. Alex Coelho was with his girlfriend and friends when he was attacked outside  of Dirty Blondes in Fort Lauderdale Beach back in July.  After a verbal argument  with one of the bartenders, they were escorted outside. As the argument ensued,  Coelho was attacked and beaten by the bouncers. The attack was caught on  camera.

According to the group, they ordered a round of drinks. When one of the  drinks came back wrong, they said the bartender became irate. “‘That’s what you  ordered, if you don’t like it, you can get a drink somewhere else’ type of  deal,” Coelho said. “I offered to pay for another one, and then she called the  bouncers over. I actually offered them, ‘I don’t want any trouble here.’ I  pulled a $10 bill out of my pocket.”

Coelho asked to speak to the bar’s manager once the tension began to rise.  “I work in hospitality, and I understand how people should be treated,” Coelho  said. I definitely wasn’t yelling. I definitely didn’t want to fight or get in a  fight. I’ve never been arrested, ever.”

Read more: http://www.wsvn.com/news/articles/local/21011603710196/man-files-lawsuit-after-bar-fight/#ixzz2e8EiWlNd

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by | September 4, 2013 · 8:35 am

Hospitality Industry Legal Issues: Restaurants Beginning To Replace “Tipping” With Surcharges Or Higher Menu Prices In Response To “Wage Violation Lawsuits”, Cultural Changes

 “…Front-of-house workers are suing one respected restaurant after another, including Dovetail, last month, accusing them of playing fast and Hospitality Industry Wage Violation Lawsuitsloose with the laws on tips. The charges include sharing tips with workers who aren’t eligible for them and making tipped employees spend too much time on what is called sidework, like folding napkins between meals…One such lawsuit was settled for more than $5 million. Some owners now think they can avoid the suits by eliminating tips…”

“…Another change is cultural. The restaurant business can be seen as a class struggle between the groomed, pressed, articulate charmers working in the dining room and the blistered, stained and profane grunts in the kitchen. The rise of chefs that are also owners has brought a few of the grunts to power. But as the average tip has risen to 20 percent or so from 15 percent, the pay for line cooks, dishwashers and others has stayed low…”

“…The self-interest calculation (for servers) may be different now. Credit card receipts and tougher oversight have virtually killed off unreported tips…”

Sushi Yasuda joins other restaurants that have done away with tips, replacing them with either a surcharge (Atera and Chef’s Table at Brooklyn Fare in New York; Next and Alineain Chicago; Coi and Chez Panisse in the San Francisco Bay Area) or prices that include the cost of service (Per Se in New York and the French Laundry in Healdsburg, Calif.).

These restaurants are numerous enough and important enough to suggest that a tip-reform movement is under way. On the other hand, they are few enough and exceptional enough to suggest that the movement may remain very small, and move very slowly.

Americans have stuck with tipping for years because all parties thought it worked in their favor. Servers, especially in restaurants from the mid- to high-priced, made good money, much of it in cash, and much of that unreported on tax returns. Owners saved on labor costs and taxes. And customers generally believed that tips brought better service.

For more:  http://www.nytimes.com/2013/09/04/dining/leaving-a-tip-a-custom-in-need-of-changing.html?pagewanted=all&_r=0

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by | August 25, 2013 · 6:13 am

Hospitality Industry Health And Safety: Hotels And Restaurants Avoid Onsite “Automated External Defibrillator (AED)” Placement And Training Due To Concerns About Risks And Liability

“…the American Hotel and Lodging Association, singled out the patchwork of state laws as a major reason hotels in the U.S. “do not uniformly provide training and AEDs onsite,” in a 2009 report.

AED Defibrillator Sign“…across America, there is anything but agreement among states about rules for the use of automated external defibrillators (or AEDs): Where they must be located; if they should be registered so authorities know where they are; whether a business that installs one is fully protected from liability; or even if a company is obliged to use one if someone on the premises suffers sudden cardiac arrest…”

There is no dispute that portable defibrillators, simple-to-use device that supply jolts to shock a stilled heart to beat again, could save tens of thousands of lives a year in this country alone if they are accessible to willing bystanders.

And some experts say the uneven patchwork of laws and regulations is a worrisome barrier to more widespread distribution and use of the battery-powered devices, which, if employed within minutes of cardiac arrest, can bring a person back to life.

For instance, many AEDs still carry labels saying they should only be used by “medical professionals” even though there are laws in every state giving “good Samaritan” protection to anyone who tries to use one to save the life of someone in cardiac arrest.

“The concerns about risk and liability remain very high,” said Richard Lazar, president of Readiness Systems LLC, a Portland, Ore., firm that consults with businesses and governments on AED training and placement.

Mandates for where AEDs should be placed are a national checkerboard. Nineteen states impose no mandates. But, in New York state, AEDs are required in health clubs, while in Florida, they’re mandatory in public high schools. Yet recent court rulings in both states have held that, just because those facilities are required to have the devices, they are under no legal obligation to use them.

For more:  http://www.commercialappeal.com/news/2013/aug/25/aed-laws-cause-confusion/

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by | August 24, 2013 · 6:02 am

Hospitality Industry Legal Risks: Restaurants And Hotels Must “Thoroughly And Consistently” Train Employees For Alcohol Service

HospitalityLawyer Lodging and the ADA Webinar

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http://www.foodbevlaw.com/

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by | August 23, 2013 · 5:50 am

Hospitality Industry Employment Risks: Mississippi Hotel Sued For “Pregnancy Discrimination” By EEOC; Woman Fired On First Day Of Work After Informing Manager Of Pregnancy

“…According to the EEOC’s suit, (the employee) informed her manager of her pregnancy on her first day of work.  That evening, the manager terminated Harmon and replaced her with a non-pregnant employee, the EEOC said…”

EEOC“Employers cannot penalize women for choosing to have a family,” said Katharine W. Kores, district director of the EEOC’s Memphis District Office, which has jurisdiction over Arkansas, Tennessee and portions of Mississippi.  “This agency will continue to work to eliminate this type of discriminatory conduct.”

Jiji, Inc., a Holiday Inn franchisee located in Batesville, Miss., violated federal law when it fired an employee because of her pregnancy, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act.  The EEOC filed suit, Civil Action No. 3:13-cv-00212, in U.S. District Court for the Northern District of Mississippi, Oxford Division after first attempting to reach a pre-litigation settlement through its conciliation process.  The suit seeks back pay, compensatory and punitive damages, reinstatement and injunctive relief.

Jiji, Inc. is a Mississippi corporation based in Batesville that owns, manages, and operates hotel facilities in Mississippi. The EEOC enforces federal laws prohibiting employment discrimination.  Further information about the EEOC is available on its web site at www.eeoc.gov.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/8-22-13.cfm

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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 | August 13, 2013 · 6:00 am

Hospitality Industry Legal Risks: Louisiana Motel Sued For “Negligence” After Guest Falls Down Flight Of Stairs; Claims Poor Lighting Led To Injuries

“…The lawsuit is seeking an award of damages for medical expenses, loss of impairment of earnings or earning capacity, physical pain, mental Hospitality Industry Injury Lawsuitsanguish, physical impairment, physical disfigurement, mental impairment, loss of society and/or consortium, mental anguish, loss of household services, interest, court costs and attorney’s fees…”

A Super 8 Motel in Alexandria, La., is being sued after a guest fell down a flight of stairs due to poor lighting. Sonya Lynn Moore and J. David Moore filed suit against Super 8 Worldwide Inc., H.L. & H. Holding Co. Inc., Wyndham Worldwide Inc., individually and doing business as Wyndham Hotel Group, on July 3, 2013 in Jefferson County District Court. The defendants removed the case to Eastern District of Texas, Beaumont Division on Aug. 8.

The plaintiffs were guests on the premises of the Super 8 Motel in Alexandria on Jan. 24, 2013, when Sonya Moore allegedly fell down a flight of stairs.

The defendants are accused of negligence due to a lack of adequate lighting.

For more:  http://setexasrecord.com/news/288075-super-8-motel-sued-after-guest-falls-down-stairs

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by | August 1, 2013 · 6:10 am

Hospitality Industry Legal Risks: New Jersey Restaurant Group Fined $500,000 For “Substituting And Selling Cheap Liquor For Premium Brands”

“…The fine includes $400,000 for the violations and $100,000 to cover investigative costs…at one of the 29 businesses, a mixture that included rubbing alcohol and caramel coloring was sold as scotch. In another, premium liquor bottles were refilled with water that was not even clean. Restaurant Liquor Sales Liability 1The state never identified which restaurants or bars those were…The franchisee also faces a lawsuit in state court by two women who claim Briad had instituted a uniform policy to substitute cut-rate liquor for premium brands for during at least a year, in violation of the New Jersey Consumer Fraud Act. It seeks reimbursement for all customer losses and punitive damages of three times the price of each drink…”

An operator of TGI Fridays restaurants in New Jersey has agreed to pay a $500,000 fine for serving customers cheap booze when they paid for top shelf. Acting Attorney General John Hoffman said Wednesday that the fine levied against Livingston-based Briad Group, as a result of an investigation dubbed Operation Swill, should send a message to every bar and restaurant in the state that customers should always get what they pay for.

Under terms of the settlement, Briad agreed not to contest charges that eight of its restaurants were selling customers cheap substitutes in place of premium alcohol. It also agreed to employ a state-appointed monitor through June 14 to ensure its restaurants and employees are in compliance.

As long as there are no further violations during that period, the businesses will avoid five-day suspensions of their liquor licenses, the attorney general said.

For more:  http://www.bostonglobe.com/business/2013/07/31/tgi-fridays-fined-for-switching-liquor/tFC5CnrWxLByqT35hxVI6J/story.html

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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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