Tag Archives: Property Damage

Hospitality Industry Legal Risks: Texas Hotel Still Replacing Glass Panels One-Year After Falling Glass Injured Guests In Pool; "Negligence Lawsuit" Still Pending

“…they have been traumatized by the incident and seek recovery for damages, assert negligence on the part of the hotel, and ask for reasonable compensation for their pain, disfigurement, loss of earnings, loss of earning capacity, physical impairment, medical care and expenses and mental anguish…”

Crews are currently still replacing the more than 1,000 glass panels on the hotel.

Two people who were in the swimming pool at the W Hotel on June 10 when panels of glass fell from the building, shattered and then rained down on them have  filed a lawsuit against the W and Starwood Hotels and Resorts. Susan Davis and Prashanth Magadi  filed the complaint , represented by attorney Sean Breen, in Travis District Court. The two were injured and are still removing glass from their bodies when they filed the lawsuit in late June 2011. Davis said she still doesn’t know the extent of her injuries yet but remembers clearly that day at the pool on June 10.

The plaintiffs are asking that safety measures be put in place to prevent more falling glass, along with asking that covered walkways be built at the affected parts of the building.

The lawsuit alleges that the hotel had been warned of the problem before the June 10 incident, but failed to respond. In May, a similar incident happened at a  W Hotel in Atlanta where two women fell out of the hotel when glass failed and fell out of their hotel room, according to the lawsuit.

The lawsuit was filed the day after a second incident of falling glass happened at the W,  when three panels fell to the street below on June 27. No one was injured, though cars were damaged.

For more:  http://www.kxan.com/dpp/news/local/austin/one-year-later-few-answers-at-w-hotel

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

Hospitality Industry Property Risks: Oklahoma Hotel Fire Caused By "Hail Stone Striking Electric Sign"; Damage Estimated At $1.17 Million

“…a hail stone struck an electric sign on the front of the (hotel). The innkeeper put it out, and then extinguished a flare up in the attic, Lewis said. Believing it was over, the innkeeper did not call 911…a passer-by spotted  flames in the hotel’s roof and called 911, Lewis said. When Edmond fire crews arrived, they found a fully involved fire in the attic…”

A hail stone falling from storms that passed over the city Tuesday evening ignited a fire that burned much of an Edmond hotel, a fire official said.

By about 2:20 a.m. all guests in the front of the hotel had been evacuated, Lewis said. While a total number of guests at the time was not available, an Edmond Fire Department investigator estimated the hotel was about 80 percent full, Lewis said.  There were no injuries to firefighters or hotel guests, Lewis said.

The hotel and real estate are valued at $1.17 million by the county assessor, Lewis said. The structure, built in 1983, appeared to be a total loss, he said.

For more:  http://www.edmondsun.com/local/x234176720/Storm-related-fire-damages-1-17M-Edmond-hotel

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Filed under Fire, Guest Issues, Insurance, Maintenance

Hospitality Industry Property Risks: Illinois Hotel Fire Starts In "Maid's Closet" And Forces Evacuation

“…The blaze was confined to the maid’s closet and elevator area and did not spread to other floors of the hotel…the venting system for the building was used to clear smoke from the building…”

Fire in a fourth floor maid’s closet at Holiday Inn Express hotel near Mannheim and Higgins roads caused an evacuation and fire department response Wednesday. Rosemont Public Safety spokesman Lt. Keith Kania said a hotel sprinkler system activated but additional firefighters were needed to knock the fire down.

Firefighters were dispatched at 11:10 a.m. Kania said the fire was knocked down by about 11:30 a.m. No injuries were reported. Kania did not have an estimate of the amount of damage caused by the blaze.

Witnesses at the scene reported seeing smoke billow from both the front and rear of the hotel.

For more:  http://www.journal-topics.com/news/article_1fb6b33c-a5c0-11e1-8ed9-0019bb30f31a.html

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Filed under Fire, Insurance, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Property Risks: Oklahoma Restaurant Fire Starts On Kitchen Stove And Spreads Through Vent Onto Roof; Inspectors To Determine If Fire Suppression System Functioned Properly

“…Officials were waiting for a code inspector to determine whether the kitchen’s fire suppression system was functioning, which could determine when they would allow the restaurant to reopen…”

[youtube=http://www.youtube.com/watch?v=qVNyYxPolwc&feature=player_embedded]

The blaze began on a stove at El Tequila Mexican Restaurant and briefly spread through a vent onto the roof. Damage was confined to the kitchen, the vent and a small area of the roof, he said. The restaurant had not yet opened and only a handful of employees were inside.

For more:  http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20120524_11_A8_CUTLIN842188

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Filed under Claims, Fire, Insurance, Liability, Maintenance, Management And Ownership

Hospitality Industry Property Risks: Minnesota Restaurant Fire And Water Damage Results In $1 Million Reconstruction; "Discarded Cigarette" On Wood Deck Determined As Cause

“…a cigarette discarded in a flower pot on the deck sparked the fire that, coupled with the water used to extinguish it, caused more than $1 million in damage and closed the restaurant for more than six months…”

Even though the fire was mostly confined to the deck and part of the bar, the damage turned out to be much more severe than originally thought. It was February before the contractor could start reconstruction by gutting the remaining structure.

But Casper’s Cherokee of Eagan, the familiar barn-shaped restaurant and bar on Nicols Road, is on its way back. The restaurant opens Monday, completely refurnished and with some tweaks to the menu. Among them: A Blazin’ Barn Burger — proof that owner Rick Casper has a sense of humor — and Eagan’s Firehouse No. 5 Burger — named in honor of the department that responded to the blaze Oct. 9.

As the staff prepared for reopening last week, there were still lots of details to pin down. Chairs had not yet been delivered. A cement patio soon will be added where the deck once stood.

There was a flurry of staff training, initiating 50 new crew members and refreshing the roughly 20 people who waited for Casper’s to reopen, even though there wasn’t money to pay them past December.

For more:  http://www.startribune.com/local/south/149897095.html

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Filed under Claims, Fire, Insurance, Liability, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Property Risks: Georgia Restaurant Fire Destroys Building; Cause Determined To Be "Careless Smoking"

 “The fire marshal’s office determined the cause of the fire was careless smoking, an improperly discarded cigarette,”

Fire destroyed the Long John Silver’s restaurant at 1281 Thompson Bridge Road Saturday afternoon. “The building is a total loss,” Gainesville Fire Chief Jon Canada said.

When firefighters arrived, Canada said smoke was showing from the entrance side of the restaurant as well as the eaves and roof. Flames broke through the roof, which began collapsing inward, he said.

Firefighters set up a defensive attack with two ladder trucks, Canada said. He said crews were able to knock down the fire just before 4 p.m.

For more:  http://www.gainesvilletimes.com/section/6/article/66809/

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Filed under Claims, Fire, Insurance, Liability, Maintenance, Management And Ownership

Hospitality Industry Flood Risks: Tennessee Hotel Owners Sue Federal Government For "Negligence" In Managing Spillway Resulting In "100-Year Flood" Levels Two Years Ago

Gaylord wants $250 million for damages to its Gaylord Opryland Hotel and the Grand Ole Opry House

 “…the Corps opened the spillway at Old Hickory Dam…the discharges were so high they caused the Cumberland River to rise above the 100-year flood plain and cause all this damage…”

Gaylord Entertainment plans to file a lawsuit today against the federal government, alleging U.S. Army Corps of Engineers and National Weather Service negligence led to major damage to its luxury hotel during the Cumberland River flood two years ago.

The suit will contend that the Corps was negligent in opening the spillway at the Old Hickory Dam on May 2, 2010, and the Weather Service failed to notify the public that water levels would reach the 100-year flood levels that devastated homes and businesses.

Gaylord and A.O. Smith filed initial claims with the Corps and the Weather Service for compensation in October, a requirement under the 1946 Federal Tort Claims Act, which governs how legal action can be filed against the federal government.

Once the two agencies rejected the Gaylord and A.O. Smith claims, the companies were free to file a lawsuit but had to endure a six-month waiting period.

For more:  http://www.tennessean.com/article/20120430/BUSINESS01/304300044/Gaylord-to-sue-Corps-over-2010-flooding

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Filed under Flood Insurance, Insurance, Liability, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Property Risks: Oklahoma Hotel Fire Linked To Water Heater Closet That Spread To Attic; Over $40,000 In Damage

“….(the fire posssibly) started in a water heater closet in one unit and spread to  the attic…Crews are reporting fire damage in two units and smoke damage in the other  six.  The damage is estimated at $40,000 to $50,000…”

One man was taken to the hospital and 10 people lost their place to sleep  after an overnight hotel fire.

Flames broke out around 2 a.m. at Studio 6 Extended Stay Hotel near 41st and  Memorial.

Investigators say the fire is not suspicious. Several people suffered minor smoke inhalation.  One man was transported  to the hospital as a precaution.N

No other injuries were reported.

Read more: http://www.kjrh.com/dpp/news/local_news/fire-at-hotel-displaces-guests-sends-1-man-to-hospital#ixzz1r8LKFV00

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Filed under Fire, Guest Issues, Injuries, Insurance, Liability, Maintenance, Management And Ownership

Hospitality Industry Flood Risks: Ohio Restaurant Struggles To Reopen After "Flash Flooding" Damaged Buildings Not Covered By Flood Insurance

“(the owners)…had to replace all of the flooring and drywall in the restaurant. Some of the kitchen equipment had to be repaired, and everything else either was discarded or thoroughly cleaned…”

The buildings were not covered by flood insurance, but insurance did pay to fix the damage to their vehicles.

Not even 18 inches of water inside their restaurant, 3 feet of water outside and $60,000 in resulting damages and lost sales can curb the determination of Mark and Glenna Jones to reopen Clay’s Cafe, located on West Main Street in downtown Hebron.

The eatery, which has been in business for 15 years, closed March 15 after it was flooded as thousands of corn stalks came rushing into town. The Joneses were hoping to reopen by today, but have pushed their opening day back to Thursday.

The couple, who live in front of the restaurant, had all three of their buildings and four vehicles damaged in the flash flood.

For more:  http://www.newarkadvocate.com/article/20120328/NEWS01/203280308/Flood-damaged-Clay-s-Cafe-set-reopen-Thursday?odyssey=nav%7Chead

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Filed under Claims, Flood Insurance, Insurance, Liability, Maintenance, Management And Ownership

Hospitality Industry Flood Risks: Ohio Restaurant Struggles To Reopen After "Flash Flooding" Damaged Buildings Not Covered By Flood Insurance

“(the owners)…had to replace all of the flooring and drywall in the restaurant. Some of the kitchen equipment had to be repaired, and everything else either was discarded or thoroughly cleaned…”

The buildings were not covered by flood insurance, but insurance did pay to fix the damage to their vehicles.

Not even 18 inches of water inside their restaurant, 3 feet of water outside and $60,000 in resulting damages and lost sales can curb the determination of Mark and Glenna Jones to reopen Clay’s Cafe, located on West Main Street in downtown Hebron.

The eatery, which has been in business for 15 years, closed March 15 after it was flooded as thousands of corn stalks came rushing into town. The Joneses were hoping to reopen by today, but have pushed their opening day back to Thursday.

The couple, who live in front of the restaurant, had all three of their buildings and four vehicles damaged in the flash flood.

For more:  http://www.newarkadvocate.com/article/20120328/NEWS01/203280308/Flood-damaged-Clay-s-Cafe-set-reopen-Thursday?odyssey=nav%7Chead

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Filed under Claims, Flood Insurance, Insurance, Liability, Maintenance, Management And Ownership