Tag Archives: Liability

February 25, 2013 · 6:48 am

Hospitality Industry Legal Risks: Texas Club Owner Ordered To Pay $10.5 Million To Family Of Woman Killed By “Monster Truck” In Parking Lot; “Dram Shop” Laws Hold Company Liable For Over-Serving Alcohol To Driver

“…(the plaintiff) sued Crutchfield and High Expectations Hospitality, the corporate name for Spearmint Rhino, pointing to state “dram shop” laws that allow a business to be held liable if it serves alcohol to someone who Alcohol Drink Responsiblywas clearly intoxicated and ended up causing harm to others…”

The parents of a 23-year-old woman killed by a monster truck outside a gentlemen’s club have won a $10.5 million civil verdict against the driver and the club for serving him alcohol. Kasey McKenzie died after she was run over in March 2011 by a pickup truck elevated on monster tires in the parking lot of the Spearmint Rhino club in Dallas. The driver of the truck, Eric Crutchfield, was drunk and has since pleaded guilty to manslaughter.

A Dallas civil jury on Tuesday awarded $4 million to the parents for mental anguish and $3.5 million for loss of companionship, along with about $3 million in other damages and expenses.

Michael Schmidt, an attorney for McKenzie’s parents, said the club served Crutchfield 10 or more drinks and shots on the night of McKenzie’s death. “This case basically is addressing a problem that we have, certainly in Dallas, of irresponsible establishments over-serving patrons and violating the law,” Schmidt said.

Schmidt said McKenzie was hit by Crutchfield’s truck while walking in the parking lot after 2 a.m. on March 17, 2011.

According to a police report, Crutchfield “had no idea he had run over” McKenzie. A blood test after the incident showed his blood-alcohol level was 0.18 percent, more than twice the legal limit.

For more:  http://www.azcentral.com/news/nationworld/free/20130220texas-monster-truck-death-lawsuit-verdict.html

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February 17, 2013 · 6:57 am

Hospitality Industry Legal Risks: Illinois Nightclub Sued By Man Stabbed In The Chest By Patron Who Was “Over-Served Alcohol”

“…(plaintiff) required emergency surgery after he was stabbed in the chest…the lawsuit says (he) suffered severe and permanent injuries and “will be hindered and prevented from attending to his usual duties and Alcohol Drink Responsiblyaffairs…the suit alleges that Olaska’s intoxication played a role in the stabbing. A restaurant employee was also injured in the fight…”

A man who was stabbed during a confrontation that cost a Naperville teacher his life has filed a lawsuit against the club where the clash happened. William Hayes III is suing Frankie’s Blue Room in Naperville and owner Riff Menza, claiming the bar over-served Daniel Olaska, who is awaiting trial on charges that he wounded Hayes and killed Shaun Wild in February 2012.

Authorities have said that Hayes had been teasing Olaska about drinking beer from a wine glass when Olsaka stabbed him with a folding knife he was carrying. Wild, a second-grade teacher at a Naperville school and a friend of Hayes’, was attempting to stop Olaska from leaving the bar when Olaska fatally stabbed him, according to police.

Hayes was a senior at nearby North Central College when the incident occurred. Wild was a 2010 graduate of the college. Both played for the school’s football team.

For more:  http://articles.chicagotribune.com/2013-02-15/news/chi-naperville-frankies-blue-room-stabbing-lawsuit-20130215_1_daniel-olaska-shaun-wild-naperville-bar

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February 13, 2013 · 7:30 am

Hospitality Industry Health Risks: Bedbug Infestations Rise In 2012 With Chicago, Detroit, Los Angeles And Denver Reporting Most Treatments

“…bedbugs continue to be a problem throughout the U.S…(there is a) need to be very cautious when we travel – Bed Bugs in Hotel Roomswhether it is business or pleasure, or to visit family, friends or vacation.”

Bedbugs are on the rise again in the U.S., which means business is booming for pest control companies like Orkin. With increased travel, both internationally and domestically, and higher bedbug resistance to existing pesticides, Orkin has seen an almost 33 percent boost in bedbug business compared to 2011.

The company has just released its rankings of U.S. cities in order of the number of bedbug treatments from January to December 2012. The “Windy City” of Chicago tops the list, followed by Detroit, Los Angeles, Denver and Cincinnati.

Here are the top 50 U.S. cities, ranked in order of the number of bedbug treatments.  The number in parenthesis is the shift in ranking compared to January to December 2011:

  1.     Chicago (+1)
  2.     Detroit (+1)
  3.     Los Angeles (+2)
  4.     Denver
  5.     Cincinnati (-4)
  6.     Columbus, Ohio
  7.     Washington, D.C. (+1)
  8.     Cleveland/Akron/Canton (+5)
  9.     Dallas/Ft. Worth (-2)
  10.     New York (-1)
  11.     Dayton, Ohio (+4)
  12.     Richmond/Petersburg, Va. (-2)
  13.     Seattle/Tacoma (+14)
  14.     San Francisco/Oakland/San Jose (-2)
  15.     Raleigh/Durham/Fayetteville, N.C. (+4)
  16.     Indianapolis (+15)
  17.     Omaha, Neb. (+11)
  18.     Houston (-7)
  19.     Milwaukee (+13)
  20.     Baltimore (-2)
  21.     Syracuse, N.Y. (+2)
  22.     Boston (-8)
  23.     Colorado Springs/Pueblo, Colo. (+2)
  24.     Lexington, Ky. (-2)
  25.     Miami/Ft. Lauderdale (-1)
  26.     Hartford/New Haven, Conn. (+10)
  27.     Knoxville, Tenn. (+11)
  28.     Buffalo, N.Y. (+1)
  29.     Atlanta (-8)
  30.     Louisville, Ky. (+5)
  31.     Charleston/Huntington, W. Va. (+18)
  32.     San Diego, Calif. (-6)
  33.     Cedar Rapids/Waterloo, Iowa (+12)
  34.     Minneapolis/St. Paul (+12)
  35.     Phoenix (-1)
  36.     Pittsburgh (-6)
  37.     Honolulu (-19)
  38.     Grand Rapids/Kalamazoo, Mich. (+1)
  39.     Grand Junction/Montrose, Colo. (-1)
  40.     Nashville, Tenn.
  41.     Lincoln/Hastings/Kearney, Neb. (+7)
  42.     Albany/Schenectady/Troy, N.Y. (+2)
  43.     Charlotte (-10)
  44.     Tampa/St. Petersburg, Fla.
  45.     Sacramento/Stockton/Modesto, Calif. (-4)
  46.     Las Vegas (-30)
  47.     Greenville/Spartanburg/Asheville, S.C.
  48.     Champaign/Springfield, Ill.
  49.     Portland, Or.
  50.     Sioux City, Iowa

For more: http://ehotelier.com/hospitality-news/item.php?id=A24912_0_11_0_M

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December 22, 2012 · 7:21 am

Hospitality Industry Safety Risks: Gas Fireplace Manufacturers To Provide “Protective Screens” To Prevent Severe Burns From “Scorching Glass Fronts”

“…Under the voluntary standard, the glass is allowed to reach temperatures as high as 500 degrees or 1,328 degrees Fahrenheit, depending on the type of glass used. Up to now, most manufacturers have not provided Hotel Glass Fireplacesscreens or prominent safety warnings out of fear of marring the aesthetic appeal of fireplaces or scaring off customers…”

Some have argued that the risks of a fireplace are so obvious that keeping kids safe is simply a matter of good parenting and common sense. However, some child burn victims were hotel guests whose parents had no experience with gas fireplaces.

Fred Stephens’ 11-month-old daughter Lila had to have skin grafts on both palms after suffering third-degree burns from fireplace glass at a resort in the Wisconsin Dells in 2010.

To stave off regulation and lawsuits over severe burns to toddlers, manufacturers will provide protective screens as standard equipment with new gas fireplaces. The industry has revised its voluntary guidelines to call for the addition of mesh screens attached to new fireplaces to prevent contact with the scorching glass fronts.

Fireplace makers will have a long lead time — until Jan. 1, 2015 — to provide screens with new units, though companies are already retooling to do it sooner, said Tom Stroud, a senior manager with the Hearth, Patio and Barbecue Association.

As reported by FairWarning, more than 2,000 children age 5 and under were injured by contact with the unprotected glass in a recent 10-year period, according to a federal database. The injuries triggered at least a dozen lawsuits and scrutiny by the Consumer Product Safety Commission.

For more:  http://www.oregonlive.com/health/index.ssf/2012/12/new_gas_fireplaces_to_get_safe.html

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December 21, 2012 · 6:56 am

Hospitality Industry Safety Risks: New Jersey Hotel “Not Responsible” For Near-Drowning Of Guest; Jury Finds Pool Area “Complied With State Law”

“…the attorney for the hotel owner, said the pool area complied with state law and asked the jury to consider pool safety No Lifeguard Signthe responsibility borne by Robert Smith and his daughter when they entered the pool…”

A jury in Hackensack on Thursday determined that a hotel owner was not responsible for a near-drowning that left a Georgia man brain-injured after he tried to rescue his daughter from the hotel’s swimming pool.

The family of Robert A. Smith sued Ratan R. Park, LLC., owner of the Ramada Inn in Rochelle Park, for damages after Smith was overcome by water on July 4, 2009, when he tried to rescue his 11-year-old daughter, Brianna, after she drifted into the pool’s deep end.

Smith remains in a nursing home with permanent brain injuries that an attorney for Smith’s family said were the direct result of negligence by the hotel’s owner.

In the trial before Superior Court Judge Charles Powers, Attorney Greg Haddad had argued that the pool’s depth markings were inaccurate, its bottom was steeper than it should have been and the hotel owner failed to provide a “life line” separating the pool’s deep and shallow ends, presenting a “perfect storm” for guests who couldn’t swim.

Neither Smith nor his daughter could swim, and O’Hara in closing arguments on Wednesday in state Superior Court told the jury in the civil case that “both had a duty to exercise reasonable care; they had an obligation to make reasonable observations.”

For more:  http://www.northjersey.com/news/Jury_absolves_Rochelle_Park_hotel_of_responsibility_in_near-drowning_in_pool.html

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November 16, 2012 · 8:58 am

Hospitality Industry Security Risks: Major Hotels Increase Review Of Guest Security Processes After Recent Reports On Door Lock Vulnerability

“…An assault on guests or theft of their belongings during a hotel stay can result in a court case…the “reasonable person” test is used to determine the outcome. If hotel owners are made aware of a procedure or item in their property that is not keeping the guest safe, they are required to do what a reasonable person would do under those circumstances. “And if they don’t, they’re negligent…”

Recent media reports scrutinizing the vulnerability of guestroom door locks have brought hotel guest safety issues to the forefront of hoteliers’ minds. As the media and traveling public continue to express their concerns, hotel companies are taking steps to ensure a safe environment for guests.

Marriott International, for example, issued a statement on its website that said the company is in the process of implementing solutions to resolve any issues with door locks that could compromise guest safety.

Reevaluating standards and policies
As hotel management companies and major hotel brands continue to review security processes and implement solutions, there are a few points for hoteliers to keep in mind when it comes to guest safety, according to Fred Del Marva, president of hotel consulting firm Del Marva Corporation.

Guest safety starts at the front desk during the check-in process, Del Marva said. The standard policy throughout the industry is for front-desk employees not to verbally issue guests their room numbers, he said.

For more:  http://www.hotelnewsnow.com/Articles.aspx?ArticleId=9384&par1=z7Vqd2AtHfkNLvAuP25I0Q==&par2=2EAFVJU1Lms7zTjNNV7iNMJVd1wKf1Q9bx5n/Mqpu2K12/66UcXBIn1NuEvyifCh&goback=.gmp_922967.gde_922967_member_186188808

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May 7, 2012 · 6:49 am

Hospitality Industry Property Risks: California Extended Stay Hotel Fire Forces Guests To “Flee For Their Lives”; Source Determined To Be Hot Plate Left On In Vacant Room

“…investigators have deemed the fire “accidental” in nature. The room where the fire began was vacant. The previous tenant left a hot plate on…”

Fire ripped through an extended stay hotel in La Habra Sunday afternoon forcing guests to flee for their lives. And the frightening fire was caught on cell phone video.

Edward Lawrence, reporting for CBS2 and KCAL9, said three people had to be rescued from the third floor by Los Angeles County Firefighters. The three people were reportedly overcome by smoke and had to be treated for smoke inhalation.

A total of 50 people have been displaced. After putting out the stubbon blaze, firefighters spent hours looking for potential hotspots.

Window rescues were necessary because the hotel guests made the mistake of opening their front doors. “You can see they left their doors open. And the rooms have a moderate amount of smoke damage. Smoke was rolling over their heads and they were waving white flags and white pieces of clothing.”

For more:  http://losangeles.cbslocal.com/2012/05/06/caught-on-tape-extended-stay-hotel-fire-has-guests-fleeing-for-their-lives/

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April 20, 2012 · 1:52 am

Hospitality Industry Guest Safety Risks: Houston Hotel Sued By Parents Of Young Girl Injured By Restaurant’s “Rotating Floors”

“…(they) are suing for damages that include emergency room expenses, future surgeries to “restore the normal appearance of Erin’s foot” and prescription drugs as well as “likely permanent disfigurement” of the child’s foot. She was involved in dance classes prior to the incident…”

They allege in the lawsuit that Hyatt and Spindletop failed to use reasonable care to make the restaurant safe, primarily by failing to “remedy and warn of a serious safety hazard that was especially dangerous to small children.”

Set at the very top of the Hyatt Regency Houston hotel downtown, Spindletop is a popular destination for date nights and special occasions. The rotating floors in the restaurant spin guests slowly around for impeccable views of the city skyline, making Spindletop a draw since it first opened in 1972. But those rotating floors ended up creating a nightmarish scenario for one couple, who allege in a lawsuit that their 4-year-old’s foot became lodged between two rotating platforms, causing serious injuries.

The couple, Dehong Shen and Min Zhang, filed a lawsuit against Spindletop and its parent company, the Hyatt corporation, on April 17. In the filing, Shen and Zhang accuse the restaurant of gross negligence for failing to prevent the injury to their child and for failing to provide sufficient assistance to the family when the toddler’s leg became stuck.

For more:  http://blogs.houstonpress.com/eating/2012/04/spindletop_lawsuit_rotating_floor_child_injured.php

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April 17, 2012 · 8:10 am

Hospitality Industry Legal Risks: “Aggressive” Disabled Plaintiff Attorneys “Identify” Hotels And Restaurants Not In Compliance With ADA Laws And Use “People With Disabilities” To File Lawsuits

“…suits were filed by Ben-Zion Bradley Weitz, a lawyer based in Florida, who has a regular group of people with disabilities from whom he selects plaintiffs. One of them, Todd Kreisler, a man in a wheelchair who lives on the East Side of Manhattan, sued 19 businesses over 16 months – a Chinese restaurant, a liquor store and a sandwich shop among them…”

A small cadre of lawyers, some from out of state, are using New York City’s age and architectural quirkiness as the foundation for a flood of lawsuits citing violations of the Americans With Disabilities Act.

The lawyers are generally not acting on existing complaints from people with disabilities. Instead, they identify local businesses, like bagel shops and delis, that are not in compliance with the law, and then aggressively recruit plaintiffs from advocacy groups for people with disabilities.

The plaintiffs typically collect $500 for each suit, and each plaintiff can be used several times over. The lawyers, meanwhile, make several thousands of dollars, because the civil rights law entitles them to legal fees from the noncompliant businesses.

The practice has set off a debate about whether the lawsuits are a laudable effort, because they force businesses to make physical improvements to comply with the disabilities act, or simply a form of ambulance-chasing, with no one actually having been injured.

The suits may claim a host of problems: at a deli grocery in West Harlem, an overly steep ramp without guardrails, high shelves and a narrowing pathway near the refrigerators; at a yogurt shop in the theater district, no ramp, no bathroom doorknob that can be opened with a closed fist and exposed hot water drains under the bathroom sink; at a flower shop on the Upper East Side, no ramp and shelves that are too high.

For more:  http://mobile.nytimes.com/article?a=939650&f=22

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March 21, 2012 · 11:52 am

Hospitality Industry Theft Risks: Hotel Liability For Theft Of Guest’s Property Is Limited By Statute In All States; Providing Digital Room Safes Can Limit Total Losses

Under common law, an innkeeper or hotelier was liable for loss or damage to guest’s property for the full value, unless the loss was caused by an act of nature (hurricanes, tornadoes, etc.), civil unrest, or the fault of the guest…each state has modified the common law by enacting statutes that limit the hotel’s liability… ordinarily limited to a specific figure, anywhere from $250 to $5,000.

Hotels typically post conspicuous notices indicating that valuables worth more than a certain amount (e.g., $250 or $500) must be deposited in the hotel safe in order to be covered for any loss. (Room safes are generally recommended only if they contain digital keypads, and the guest assumes all responsibility for getting into the safe and keeping the combination confidential.)

Two states have been randomly selected to provide examples of these statutes:

  • The Rhode Island statute states that if the hotel provides a safe for depositing money, jewelry, watches, and the like, and notifies guests by posting a conspicuous notice to that effect, and guests fail to deposit their valuables in the safe, the hotel is not liable for any loss to the valuables. It goes on to add that the hotel is not obligated to accept property for safekeeping that exceeds $500 in value. If a guest deposits property with a value exceeding $500 in the safe, the hotel is not responsible for loss to this property for more than $500, unless there is a special written agreement with the hotel for a greater amount.
  • The New Mexico statute states that the hotel is liable to its guests for loss of their property that is caused by the theft or negligence of the hotel or its staff, up to a limit of $1,000. However, if the hotel provides a suitable safe for safekeeping of money, jewelry, or other valuables, and notifies guests by posting a printed notice in hotel rooms, and guests fail to deposit their valuables in the safe, the hotel will not be liable.

For more:  http://www.adjustersinternational.com/insights_1002EA.cfm

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