Author Archives: Ida

Hospitality Industry Legal Risks: Illinois Restaurant Sued For Negligence By Woman Who Slipped On "Wet And Slick Floor"; Lawsuit Seeks $50,000 In Medical Costs And Damages

“…as she was walking to the restroom, (the woman) slipped on a wet and slick floor…she suffered severe pain slip_and_fall accidentand discomfort, incurred medical costs and endured damages of more than $50,000, the suit states…”

A woman claims she suffered severe injuries after she slipped and fell on a wet floor at a restaurant. Janet L. Althoff filed a lawsuit Nov. 26 in Madison County Circuit Court against Ali Veseli doing business as Round Table Family Restaurant.

Althoff claims she was visiting Round Table at about 2:30 p.m. on March 9 when she walked from a dining room to a unisex restroom.

Althoff blames Veseli for causing her injuries, saying the restaurant negligently failed to correct the unsafe condition and failed to warn of the wet floor. In her complaint, Althoff seeks an unspecified judgment, plus other relief the court deems just.

For more:  http://madisonrecord.com/issues/366-personal-injury/250097-round-table-family-restaurant-sued-by-woman-who-claims-she-slipped-on-wet-floor

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

Hospitality Industry Legal Risks: Florida Hotel And Spa Sued For "Sexual Abuse" Of Woman During Massage; Masseuse Used "Inappropriate Draping Techniques" And Contact

“…The suit alleges masseuse failed to use appropriate draping techniques and within 10-15 minutes, Hospitality Industry Lawsuitshe was completely naked…he proceeded to “massage” her exposed breast and lower belly, saying it was a technique in which he specialized, according to her attorney…”

A woman and her attorney have filed a lawsuit against a Miami Beach spa after she claimed she was sexually abused by a masseuse. According to the lawsuit filed in Miami-Dade County Circuit Court early Thursday morning, the unnamed woman went to the Sanctuary Hotel on South Beach with her husband on Feb. 20th and purchased a massage at the Sanctuary Spa & Salon through Groupon.

According to the suit, Fraga continued the sexual conduct by rubbing between her buttocks, legs and private parts and placed his penis in her hand. The woman has sued the Sanctuary Hotel Group, Inc.

For more:  http://miami.cbslocal.com/2012/12/06/lawsuit-woman-alleges-sex-abuse-by-masseuse-at-sobe-spa/

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Filed under Labor Issues, Liability, Training

Hospitality Industry Health Risks: Restaurant Dishes And Silverware Cleaning And Sanitation Methods "Fall Short Of Eliminating Norovirus" According To Research Study

“Norovirus is the leading cause of epidemic gastroenteritis and the major cause of foodborne illness in the United States…proper sanitation and handling remain the single biggest factor that can prevent cross-norovirus outbreak hotelscontamination of food and dishware at food service establishments…better agents or methods (are needed) to significantly reduce the presence of norovirus…”

Restaurant dishes and silverware may be an overlooked place where people can catch stomach viruses, according to a new study published December 5, 2012 on the PLOS One website.

While the current industry guidelines for cleaning dishware used in public settings are effective at neutralizing bacteria, researchers at The Ohio State University found that they appear to fall short of eliminating norovirus.

Norovirus is the leading cause of epidemic gastroenteritis and the major cause of foodborne illness worldwide, responsible for at least 50% of all gastroenteritis outbreaks in the United States.

For more:  http://www.plosone.org/article/info%3Adoi%2F10.1371%2Fjournal.pone.0050273#s5

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Filed under Food Illnesses, Guest Issues, Health, Insurance, Labor Issues, Liability, Maintenance, Training

Hospitality Industry Property Risks: California Restaurant Kitchen Fire Caused By "Commercial Gas Grill" Igniting Wood Inside Wall; Repairs Estimated At $10,000

Restaurant Fire

“…Firefighters were hampered by multiple concealed spaces caused by past remodeling. Firefighters located the seat of the fire in the wall and extinguished it with a small amount of water, but found that the fire had traveled through the wall and in to ceiling spaces between layers of roofing materials above…”

Humboldt Bay Fire responded to a reported structure fire at Pho Thien Long Restaurant, 615 F St. Upon arrival fire personnel were directed to the kitchen area where light smoke was seen coming from a hole in a wall and the wall was extremely hot to the touch. Fire personnel directed restaurant customers and staff to exit the building. Power and gas was secured to the building as firefighters began cutting in to the wall to locate the fire.

Humboldt Bay Fire spent about 90 minutes ensuring that any remaining pockets of fire had been extinguished. The restaurant was turned back over to the business owner. The fire caused about $10,000 damage, and the business will need extensive repairs before it will be able to reopen. The cause of the restaurant fire appeared to be accidental. The fire was caused by heat radiated from a commercial gas grill igniting the wood in the wall.

For more:  http://www.times-standard.com/breakingnews/ci_22121723/updated-pho-thien-long-restaurant-will-need-extensive

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Filed under Fire, Insurance, Labor Issues, Maintenance, Training

Hospitality Industry Legal Risks: Kentucky Restaurants Sued By Cities For "Multiple False Alarms"; Thousands Of Dollars In Unpaid Fines

“…The city has filed 37 lawsuits in recent weeks — with at least 13 more pending — against the most egregious offenders, seeking thousands of dollars in unpaid fines and hoping to send a message about fixing alarms that False_Alarmswaste police time and cost taxpayer dollars…”

More than 40 times since 2008, Louisville Metro Police Department officers have made emergency runs to the Taco Bell on East Broadway, only to find they were responding to a false alarm.

Under a policy enacted in June 2005 that aims to crack down on residents and businesses who have multiple false alarms, the city has fined the Taco Bell — repeatedly — up to $500 per false alarm.

But the restaurant, like some others, has not paid its fines, which now total $10,700, according to city records.

Before police began charging fees for false burglary and hold-up alarms in 2005, officers were responding to more than 40,000 false alarms a year, Gibson said. Since then, that number has fallen dramatically, with less than 20,000 false alarm runs through October of this year.

For more:  http://www.courier-journal.com/article/20121203/NEWS01/312030096/City-sues-collect-false-alarm-fines?odyssey=nav|head

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Filed under Labor Issues, Liability, Maintenance, Management And Ownership, Risk Management, Training

Hospitality Industry Health Risks: Hotel Employee Causes Chemical Reaction By "Accidentally" Mixing Pool Chemicals, Forcing Evacuation; Hazmat Team Sent For Clean-Up

“…an employee had accidentally poured chlorine into a container of muriatic acid, causing a chemical chlorine gas leakreaction…since chlorine was diluted and poured down a drain by an employee, the Region of Peel’s hazardous materials team has also been sent to the hotel…”

A mishap with pool chemicals has forced some of the staff and guests at the Hilton Garden Inn on Traders Blvd. E. to be evacuated from the hotel this morning.

Everyone on the first floor of the building was evacuated as the Mississauga Fire and Emergency Services Department and police arrived. The second floor has now been evacuated after guests reported smelling chlorine. A Mississauga Transit bus has been sent to the hotel at 100 Traders Blvd. E., just east of Hurontario St.,  to accommodate those who have been forced outside. A decontamination area has been set up to help with the clean-up.

An ambulance has taken one person to Credit Valley Hospital.

For more:  http://www.mississauga.com/news/article/1547378–hotel-evacuated-after-pool-chemical-mix-up

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Filed under Guest Issues, Health, Injuries, Labor Issues, Liability, Maintenance, Training

Hospitality Industry Property Risks: Texas Hotel "Stairwell Fire" Forces Evacuation Of Nearly 400 Guests; Building Remains Without Power

“…Dallas Fire Rescue said the fire happened in the south stairwell on the third floor…electricity was shut off Hotel fire and smoke damageand the hotel remains without power…”

Hotel management said 387 people were listed as guests at the time of the fire and everyone evacuated.

A Downtown Dallas hotel fire caused the evacuation of nearly 400 guests on Saturday afternoon.

One person was taken to the hospital for further evaluation of possible burns.  Their name and condition have not been released. Paramedics treated some other people on scene for non-life threatening issues.

As of 5:30 p.m., the fire is extinguished but electricity has been shut off to the hotel.

Management is now allowing all guests to gather their belongings and transfer to another local hotel. Investigators are searching for the hotel fire’s cause.

For more:  http://www.nbcdfw.com/news/local/Hundreds-Evacuated-In-Downtown-Dallas-Hotel-Fire-181695311.html

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Filed under Fire, Guest Issues, Liability, Maintenance, Training

Hospitality Industry Legal Risks: Hotels Warned By Federal Trade Commission (FTC) For "Deceptively Low" Estimates Of Room Costs; Undisclosed "Resort Fees" May Violate Law

 “One common complaint consumers raised involved mandatory fees hotels charge for amenities such as newspapers, use of onsite exercise or pool facilities, or internet access, sometimes referred to as ‘resort fees.’  FTCThese mandatory fees can be as high as $30 per night, a sum that could certainly affect consumer purchasing decisions.”

The Federal Trade Commission has warned 22 hotel operators that their online reservation sites may violate the law by providing a deceptively low estimate of what consumers can expect to pay for their hotel rooms.

The warning letters cited consumer complaints that surfaced at a recent conference the FTC held on “drip pricing,” a pricing technique in which firms advertise only part of a product’s price and reveal other charges as the customer goes through the buying process.   The warning letters also state that consumers often did not know they would be required to pay resort fees in addition to the quoted hotel rate.

“Consumers are entitled to know in advance the total cost of their hotel stays,” said Federal Trade Commission Chairman Jon Leibowitz.  “So-called ‘drip pricing’ charges, sometimes portrayed as ‘convenience’ or ‘service’ fees, are anything but convenient, and businesses that hide them are doing a huge disservice to American consumers.”

The letters strongly encourage the companies to review their websites and ensure that their ads do not misrepresent the total price consumers can expect to pay.

For more:  http://www.ftc.gov/opa/2012/11/hotelresort.shtm

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Filed under Guest Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Employment Risks: Arizona Restaurant Settles EEOC "Pregnancy Discrimination" Lawsuit For $15,000; Servers Removed From "Sunday Football Schedule"

“…The EEOC’s lawsuit…charged that Sandbar instituted a policy of removing pregnant women from its Sunday schedule at its Peoria restaurant in an attempt to allegedly satisfy its male Sunday football EEOCcustomers… it believed its male customers did not wish to see pregnant women while they watched Sunday football games. Working on Sundays during football season was the most or one of the most lucrative shifts during the week for the pregnant employee…”

A Peoria, Ariz., restaurant will pay $15,000 and furnish other relief to settle a pregnancy discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had alleged that West Sand, LLC, doing business as Sandbar Mexican Grill, unlawfully removed a pregnant employee from working on Sundays during football season because she was pregnant.

According to the EEOC, pursuant to this policy, Sandbar removed a pregnant woman from its lucrative Sunday schedule, causing her a significant loss of income. Sandbar denied the discrimination.

Sandbar Mexican Grill will pay $15,000 to the female employee to resolve this EEOC case. Under the consent decree settling the suit, Sandbar also must also (1) provide anti-discrimination training for all employees who work at its Peoria location; (2) review and revise, if necessary, its policies to ensure they prohibit sex and pregnancy discrimination as well as retaliation and ensure a strong and clear commitment to a workplace free of such bias; (3) investigate allegations of sex discrimination, pregnancy discrimination and retaliation promptly, fairly, reasonably, and effectively and ensure that appropriate corrective action is taken; and (4) post a notice that sex and pregnancy discrimination -or retaliation for complaining about it – is unlawful.

“Pregnancy discrimination remains a persistent problem in the 21st-century workplace,” said Mary Jo O’Neill, regional attorney of the EEOC’s Phoenix District Office. “Employers cannot disadvantage the terms and conditions of a pregnant employee’s work to satisfy an assumed customer preference about the physical appearance of employees, which is likely untrue in any event.”

EEOC District Director Rayford Irvin added, “The EEOC will continue to be vigilant in rooting out pregnancy discrimination. This type of unlawful exclusion is never a winning game plan.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/11-28-12a.cfm

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Filed under Employment Practices Liability, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Guest Satisfaction: Hotels Must Develop And Facilitate A "Mobile Device Strategy" That Pays "Careful Attention To Guests' Needs"

“…Given the rapid move to mobile devices by travelers, (hotels must) develop a “mobile strategy” that facilitates the use of mobile devices to make sure a hotel is noticed during a mobile search–and gets the business. Hotels must find a way to become part of guests’ mobile ecosystem, in part by paying more careful attention to guest needs…”

Two new publications from the Cornell Center for Hospitality Research (CHR) at the School of Hotel Administration outline technology issues and the effects of social media on the hospitality industry. A study by Cornell’s Chris Anderson confirms what hospitality operators have long suspected–social media reviews drive hotel reservations.

One particular value of analytics is that they can highlight and resolve problems with guest satisfaction that may not show up in conventional guest surveys. Hotel operators are aware that their property needs to appear near the top of web search results, and analytics can present techniques for making this happen, such as connecting the hotel with local attractions or events.

  • First, he documented the increasing influence of TripAdvisor, as the number of reviews consulted by consumers prior to booking a hotel room has steadily increased over time.
  • Second, an analysis of transactional data from Travelocity illustrated that a 1-point increase on Travelocity’s 5-point scale allows the hotel to increase its price by 11.2 percent and still maintain the same occupancy or market share.
  • Third, by matching ReviewPRO’s Global Review IndexTM with STR’s hotel sales and revenue data, Anderson’s analysis finds that a 1-percent increase in a hotel’s online reputation score leads up to a 0.89-percent increase in a hotel’s average daily rate (ADR), as well as an occupancy increase of up to 0.54 percent and up to a 1.42-percent increase in revenue per available room (RevPAR).

Perhaps most critically, customer reviews have now become a major discriminating point for customers’ determination of a hotel’s quality. Whereas price used to be used for that purpose, customers now put a greater weight on user-generated content on social media sites. Surprisingly, the fashion industry may be a model for how to use social media to promote hotel sales. People like to hear comments on how they look in a new outfit, so the issue is how to translate that kind of interaction to a restaurant meal or hotel stay.

For more:  http://www.equities.com/news/headline-story?dt=2012-11-29&val=770928&cat=service

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Filed under Guest Issues, Management And Ownership, Risk Management, Technology, Training