Tag Archives: Negligence

by | December 22, 2013 · 7:10 am

Hospitality Industry Safety Risks: Kentucky Motel Faces $1.1 Million “Negligence Lawsuit” After Guest Is Injured By Collapsed External Stairway

“…(the plaintiff) suffered broken heels and ankles in both legs, three broken bones in her lower back and multiple lacerations and bruises Hospitality Industry Injury Lawsuitsfollowing the April 23 stairway collapse…the defendants were negligent by “specifically allowing or creating a hazardous condition in the stairwell of the premises by failing to ensure that the steps were safe for use …” She also alleges the owners and manager should have known about the unstable stairwell. She is asking the court to award her $200,000 in medical expenses, $500,000 for pain, suffering and mental distress and $400,000 for future impairment to earn a living…”

A woman who was injured earlier this year after an external stairway collapsed at Richmond’s Super 7 motel suffered serious injuries that may make it impossible for her to work again, according to a lawsuit she has filed. Amanda R. Williams is suing the owners and operators of the motel, Richmond Host LLC and Alisha LLC, and the motel’s local manager, Paul Patel.

Williams said she must wear a back brace and is “confined to a wheelchair.” Both her legs are in boots, and she is under the care of a orthopedic doctor and a neurosurgeon in additional to receiving physical therapy, according to her suit.

See more at: http://www.richmondregister.com/localnews/x1250993435/Woman-details-injuries-suffered-in-motel-stairway-collapse#sthash.MR4LdSyZ.dpuf

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by | October 3, 2013 · 5:30 am

Hospitality Industry Safety Risks: Texas Hotel Faces “Wrongful Death & Gross Negligence Lawsuit” After Electrocution Of Young Boy; Pool Light System Did Not Have GFCI, Meet Electrical Codes

“…An investigation after the electrocution death found that the pool “did not meet applicable city, state and national electrical codes” Hospitality Industry Wrongful Death Lawsuitsand did not have Ground Fault Circuit Interrupters (GFCI) on the pool light system which are normal installations in pool construction to prevent electrical surges…Brown Electric Inc., had been hired by Hilton to bring the pool into compliance but, according to a city of Houston inspector, had performed work without obtaining the proper permits. After the death Hilton and Brown were cited for “use of electrical system which constitutes a hazard to safety, health and public welfare.”…”

In a lawsuit filed Wednesday, a Missouri City family alleges “gross negligence of epic proportions” for the swimming pool electrocution death of a young man at a Hilton Hotel swimming pool. Raul Hernandez Martinez, 27, and his family spent the Labor Day weekend at the Hilton Houston Westchase hotel at 9999 Westheimer in West Houston.

They were at the swimming pool at dusk when the lights came on automatically. Eyewitness accounts, and now a civil lawsuit, detail how an electrical current immediately surged through the water. David Duran, 11, “suddenly cried out as his body convulsed and he began to float helplessly near the pool light in the deep end,” according to the lawsuit the family filed against Hilton Hotels and the Houston-area electrical contractor Brown Electric Inc., which had performed recent upgrades to the pool’s electrical system.

The boy’s mom Isabel Duran reached for her son and was shocked as well and knocked unconscious. She was revived via CPR and suffered several broken ribs when family members and bystanders dragged her from the pool. The boy’s brother, Raul Hernandez Martinez then fought through the electrical current to retrieve his little brother and push him to the edge of the pool where others helped pull him out.

For more:  http://www.khou.com/news/local/Family-files-lawsuit-in-hotel-pool-electrocution-death-226219641.html

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by | September 17, 2013 · 6:11 am

Hospitality Industry Legal Risks: Illinois Restaurant Sued For “Negligence” By Woman Who Slipped In Puddle Of Water; Seeking $50,000 For “Leg Injuries, Pain And Suffering”

“…(the plaintiff) blames the restaurant for causing her injuries, saying its employees negligently allowed a puddle of water to remain on its Hospitality Industry Injury Lawsuitspremises, failed to remove the puddle, failed to reasonably inspect the premises and failed to properly manage the restaurant…In addition to her injuries, (she) became sick, lame, disordered and disabled; experienced pain and suffering; incurred medical costs; and suffered disability and disfigurement, the suit states. She also lost earnings and wages, the complaint says…”

A woman claims suffered left knee and leg injuries after she fell on a puddle of water at a Mexican restaurant. Andrea B. Mercer filed a lawsuit Aug. 29 in Madison County Circuit Court against Chivas doing business as Carisilos Mexican Restaurant. In her complaint, Mercer alleges she was eating at Carisilos, which is located at 1978 Vandalia St. in Collinsville, on Sept. 3, 2011, when she fell on a puddle of water in the restaurant.

In her complaint, Mercer seeks a judgment of more than $50,000, plus costs and other relief the court deems just.

For more:  http://madisonrecord.com/issues/366-personal-injury/259131-collinsville-mexican-restaurant-sued-by-customer-over-slip-and-fall

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by | July 28, 2013 · 6:25 am

Hospitality Industry Safety Risks: Ohio Hotel Sued For “Negligence” By Family Of Security Guard Stabbed To Death By Homeless Man; “Unlocked Outside Stairwell Doors” Posed Safety Threat

“…(the suit claims) the  hotel was obligated to provide a safe place for its employees to work, (but) the outside stairwell doors were left unlocked as Hotel Wrongful Death Lawsuitspart of hotel  policy…the suit claims the  hotel’s employees routinely left exit doors to the stairwells unlocked from the  outside, and the family’s attorney said this allowed the homeless (man) to come inside and sleep…the  safety threat posed by the unlocked doors was foreseeable and should have been  prevented…”

The family of a security guard who was stabbed to death while on duty has sued  the hotel where he worked. Richard Campbell was  stabbed to death on his 58th birthday, Dec. 7, when he confronted a man in the  stairwell of the Hilton Netherland Plaza in downtown Cincinnati. Joseph Tucker pleaded  guilty last month to one count of murder in the slaying and was sentenced to 15  years to life in prison.

Tucker said he was high on  marijuana and drunk at the time, and he said he’s not sure why he stabbed  Campbell. Police said Tucker was in  the process of stealing something when the security guard confronted  him. Campbell’s brothers and  sisters filed a lawsuit Tuesday in Hamilton County Common Pleas Court, claiming  the hotel was negligent.

Read more: http://www.wlwt.com/news/local-news/cincinnati/family-of-slain-security-guard-sues-hotel/-/13549970/21181176/-/qbalbyz/-/index.html#ixzz2aLjd0nBP

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by | May 21, 2013 · 5:44 am

Hospitality Industry Legal Risks: Kentucky Motel Owners And Manager Sued For “Negligence” By Woman Injured When Stairway Broke Away From Second-Floor Landing

“… stairway connecting a second-floor landing to a third-floor landing broke away at the lower end while the women were on it…(the plaintiff) states in her Hospitality Industry Injury Lawsuitssuit that the defendants were negligent by “specifically allowing or creating a hazardous condition in the stairwell of the premises by failing to ensure that the steps were safe for use …she also alleges the owners and manager should have known about the unstable stairwell…”

One of the women injured in a staircase collapse last month at a local motel is suing the business in Madison Circuit Court. Amanda Williams filed the suit May 15, alleging the owners and operators of the Super 7 motel, Richmond Host LLC and Alisha LLC, were negligent in maintaining the property, specifically the “unstable stairwell.”

Williams also is suing Paul Patell, who is listed in the suit as the motel’s local manager. On April 23, two women were injured when a set of exterior stairs collapsed.

Williams and another woman were taken by ambulance to Baptist Health in Richmond, and one of the women later was taken to the University of Kentucky Medical Center, according to a Madison County EMS official.

Williams said she suffered “serious and severe personal injuries” to her spinal cord and legs. She will need prolonged medical attention and may require surgery, according to the lawsuit.

Williams is suing to recover the costs of her medical care, pain and suffering, mental distress, future medical expenses and lost wages.

For more:  http://richmondregister.com/localnews/x508507707/Woman-sues-Super-7-over-staircase-collapse

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by | May 6, 2013 · 5:32 am

Hospitality Industry Legal Risks: New Mexico Restaurant Sued By Family Of Man Killed After “Leaving While Intoxicated”; Lawsuit Claims Corporate Policy Of “Driving Up Liquor Sales”

“…The lawsuit says the restaurant’s employees shouldn’t have served Varela the 20-ounce “Brewtus” beers and should have Alcohol Drink Responsiblystopped him from leaving while intoxicated…It also accused Applebee’s corporate leadership of encouraging its restaurants to drive up liquor sales, especially late at night, a policy it says “created a dangerous situation…”

The estate of a man who was struck and killed by a truck filed a lawsuit against the Taos restaurant that served him several 20-ounce beers, saying he was over served before he walked out of the restaurant and into the street where he was killed. The Albuquerque Journal reports Julian Varela, 49, had a blood alcohol level four times the legal limit for driving when he left the Applebee’s Neighborhood Grill and Bar on Dec. 29, 2011.

He was killed by a teen driver who wasn’t cited in the incident. The lawsuit names the 17-year-old as a defendant, saying he was negligent.

An attorney for Varela’s estate wouldn’t say where they got the internal emails and records those accusations are based on. The lawsuit references police reports from 2008 to 2011 that list 90 incidents, and the chain’s own log entries of gunshots, fights, assaults and other incidents at the restaurant.

It seeks punitive and other damages.

For more:  http://www.azcentral.com/news/free/20130501new-mexico-applebees-sued-over-drunk-pedestrians-death.html

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by | January 15, 2013 · 7:48 am

Hospitality Industry Safety Risks: California Hotel Faces “Negligence Lawsuit” Over Carbon Monoxide Leak From Hotel Pool Boiler

“…(the plaintiff) was a guest at the time of the evacuation, which was believed to be caused by a boiler leak…claims the hotel was not equipped with carbon monoxide detectors resulted in exposing paying guests to hotel Carbon Monoxide Poisoninghazardous levels of the gas… he’s claiming negligence and requesting the hotel cover costs of general damages, medical bills, potential loss of revenue and legal fees…”

A carbon monoxide leak that prompted the evacuation of the Embassy Suites San Francisco Airport hotel in Burlingame in November prompted a lawsuit from a guest who was staying at the hotel. On Friday, a lawsuit was filed against the hotel on behalf of Robert and Diane McNamara by San Francisco-based attorney Richard Schoenberger.

Firefighters were called to the hotel at 150 Anza Blvd. to test its air quality and evacuate guests around 1 a.m. Thursday, Nov. 8, according to news reports at the time.

The carbon monoxide was traced to a boiler that feeds the hotel pool and a spa, Central County Fire Chief Don Dornell said at the time. The unit was immediately shut down, and carbon monoxide levels dissipated, he said. At the time, it was reported that there were no injuries nor was treatment required of anyone. Guests were able to return to their rooms shortly after 5 a.m. Crews remained at the hotel monitoring the air throughout the morning.

For more:  http://www.smdailyjournal.com/article_preview.php?id=1761499&title=Carbon%20monoxide%20leak%20at%20hotel%20sparks%20lawsuit

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by | January 8, 2013 · 8:42 am

Hospitality Industry Security Risks: Illinois Hotel And Restaurant Sued For “Negligence” After Guest Attacked By Man With Knife In Restroom; “Allowed Unauthorized Access To Property”

“…The lawsuit claims the hotel and restaurant at 909 N. Michigan Avenue were negligent when they allowed Restaurant Crime“unauthorized persons to gain access to their hotel, restaurant and restroom facilities” and didn’t perform proper security checks…”

An Oak Brook doctor who was stabbed in the neck and face during an attempted holdup at a Gold Coast restaurant in November is suing his alleged attacker along with the restaurant and hotel that houses it. Mir Shah says he was violently attacked and stabbed several times by Jimmy Harris in the bathroom of the Westin’s The Grill on the Alley on Nov. 17, according to a lawsuit filed Monday in Cook County Circuit Court. The restaurant’s bartender was also injured when he chased Harris, who cut him with a knife, police said.

Harris, who also goes by the name Jimmie Harris, had been freed from prison eight days prior to the attack. He has at least 60 arrests and nine felony convictions dating to the late 1970s, according to Chicago police, state and court records.

Shah, an oncologist, was out to dinner with his family that night after attending the Lights Festival along the Magnificent Mile. While in the bathroom, Harris approached Shah and announced a robbery before stabbing the doctor in the right side of his neck and face, prosecutors said. Shah is now disfigured and disabled, according to the suit.

For more:  http://www.chicagotribune.com/news/local/breaking/chi-doctor-stabbed-after-mag-mile-lights-festival-sues-suspect-20130107,0,4498714.story

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by | December 31, 2012 · 8:06 am

Hospitality Industry Legal Risks: New York Restaurant Sued For "Negligence" By Woman Injured By "Dog Leashed To Unanchored Chair"; Seeks $2 Million

“…(plainfiff) was injured earlier this year at the chain’s 86th and Lexington location when a dog “attached” to Hospitality Industry Lawsuitone of the restaurant’s chairs knocked her down…Shake Shack “was negligent in its failure to protect [Cirlin] from the anticipated dangers of allowing dogs to be attached by leashes to its flimsy and unanchored chairs…”

A Manhattan woman claims the Upper East Side outlet of the famed burger and hot-dog chain was a little too friendly to canine clients and their owners. Cindy Cirlin says she was injured when she was knocked down by a dog that was leashed to one of the East 86th Street restaurant’s chairs, according to a Manhattan Supreme Court lawsuit filed last week.

Cirlin wants $2 million in damages. Shake Shack did not respond to a request for comment.

For more:  http://www.nypost.com/p/news/local/manhattan/shaken_up_at_shack_3bh5OC48Z5luWG0IG1hzyK?utm_medium=rss&utm_content=Manhattan

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by | September 13, 2012 · 6:15 am

Hospitality Industry Legal Risks: Illinois Restaurant Sued For "Negligence" After Repairman "Set On Fire" By Employee; Seeks $50,000 In Damages

“…a recently filed lawsuit argues the East China Inn was negligent, and seeks more than $50,000 in damages…the man was standing on top of the stove inspecting a sprinkler system and changing a fuse…he needed medical treatment for a year…”

A fire suppression repairman has sued the East China Inn restaurant on Randall Road in Batavia, arguing he was set on fire while working during an October 2010 visit. Matthew Rapp, 25, of Oak Forest sustained severe burns to his left leg after someone turned on a wok while Rapp was atop a stove fixing fuses, his attorney said.

“He got burned quite badly,” said attorney Matt Willens, adding Rapp was burned mostly on his left leg from his ankle to his knee. “Because of the burn, he missed 21 weeks of work. He was burned by grease.”

The suit states that Rapp visited the Chinese restaurant on Oct. 12, 2010, for his job with Fire Science Techniques. “A restaurant employee turned on the stove or continued to work on the stove that the plaintiff was working above which set the plaintiff on fire,” the lawsuit states.

For more: http://www.dailyherald.com/article/20120912/news/709129713/

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