Category Archives: Guest Issues

Hospitality Industry Guest Risks: Police Arrest Massachussetts Hotel Guest For "Disturbing The Peace" After Refusing To Cease Loud Noises In Room

“…hotel security personnel stated that they had received multiple complaints relative to loud and unsettling noises coming from one of the rooms in the hotel…”

“…When told the hotel had a right to disinvite guests for bad behavior and excessive noise, the individual continued to verbally disrespect and disparage the officers. Officers arrested (man) and charged him with Disturbing the Peace…”

Officers responded to a call for a person or persons producing excessive amounts of noise at 1 Avenue de Lafayette (Hyatt Hotel). Security personnel further stated that occupants of the room were asked to put an end to the loud noises or face the prospect of being asked to leave the hotel.

Despite repeated warnings, the occupants continued to generate disturbing noises. When told they, the occupants, had to leave, the occupants told hotel security they weren’t going anywhere. Officers proceeded to the room to break the bad news to the occupants.

Upon entering the room, officers observed several empty beer and wine bottles strewn about the room. While officers were in the middle of providing an explanation as to the occupants had to leave, one individual in particular began yelling and complaining about his rights.

For more:  http://www.bpdnews.com/2012/05/17/checking-into-a-hotel-is-one-thing-being-asked-to-check-out-for-bad-behavior-is-another/

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Filed under Crime, Guest Issues, Labor Issues, Management And Ownership, Privacy

Hospitality Industry Legal Risks: Woman Sues Illinois Hotel Over Bartender's "Sexual Assault"; Convicted Employee Allegedly Obtained Room Key From Front Desk

“…The lawsuit contends Dabrowski on Oct. 27 spiked the woman’s drink with a “date rape” drug. He allegedly obtained the key to her room from the front desk and then sexually assaulted her as she lay unconscious on her bed in the hotel..”

A Naperville man accused in a federal lawsuit of sexually assaulting a female guest of the Hilton Lisle/Naperville hotel has been convicted of a misdemeanor charge of trespassing in the woman’s room.

Jayson D. Dabrowski, a former bartender at the hotel, has been ordered to serve seven days in the Sheriff’s Work Alternative Program, or SWAP, according to records on file in DuPage County Circuit Court in Wheaton. Dabrowski has also been placed on two years of court supervision, records indicated.

The woman, a resident of Virginia, is seeking more than $75,000 in damages. Her lawsuit is not expected to come to trial for at least a year.

For more: http://napervillesun.suntimes.com/news/12554670-418/man-accused-of-lisle-hotel-sex-attack-found-guilty-of-trespassing.html

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Filed under Crime, Guest Issues, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Restaurant Safety: California Restaurant Playground Areas Face New "Sanitation And Safety Requirements Under State Assembly Bill; Must Post Inspection And Cleaning Plans

Under the bill, sponsored by Democrat Michael Allen of Santa Rosa, restaurants would be required to post signs informing customers that food is not allowed on play structures and to provide adults who ask copies of their playground inspection and cleaning plans.

Fast-food restaurants in California could face new sanitation and safety requirements for the playgrounds they install to attract children. The Assembly on Monday approved a bill that would expand food safety laws to cover the indoor and outdoor playgrounds.

Allen says the bill was promoted by research showing that restaurant playgrounds can be breeding grounds for illness-causing bacteria and are not always well-maintained.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2012/05/14/state/n151405D10.DTL#ixzz1ux75aeHF

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Filed under Food Illnesses, Guest Issues, Health, Injuries, Legislation, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: Florida Hotel Nightclub Sued For "Racial Discrimination" When Security Guards Refuse To Allow Four Women Inside

Florida civil rights and criminal law attorney David Kubiliun is representing four South Florida women who claim they were not allowed to attend an upscale party the Arkadia Lounge inside Miami Beach’s famous Fountainebleau Hotel because of their race. Kubiliun says a man claiming to be the club’s promoter sent text messages to the women supporting their racial discrimination claims.

Kubiliun claimed it all began when Liz Lopez, Nancy Pierrot, Katuschca Jubuisson and Kat Bing, who are of African-American and Hispanic heritages, said promoter Rodrick Dudley invited them to the nightclub on Saturday, March 17 to celebrate a birthday. Kubiliun said when the group arrived, the club’s doormen would not allow them to enter.

“One security guard told one of the ladies that he didn’t think they were getting in because they are black and they would have to wait,” said Kubiliun. “The women who were well-dressed professionals said they didn’t see any other African-Americans enter the nightclub the entire time the aggravated group stood by in the lobby.”

For more:  http://www.eurweb.com/2012/05/south-florida-women-claim-racial-discrimination-at-fontainebleau-hotel-nightclub/

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

Hospitality Industry Legal Risks: Illinois Hotel Sued For $250,000 For "Bed Bug Infestation" During 2010 Stay; Violation Of "Consumer Fraud And Deceptive Practices Act" Alleged

The suit claims hotel employees did not warn guests of the bugs before they stayed in the hotel from March 19, 2010 through May 21, 2010, according to court documents.

A couple from Nashville, Tennessee is suing an O’Fallon hotel for more than $250,000 following an alleged infestation of bed bugs during their stay. The hotel’s attorneys are fighting to dismiss the case and the hotel manager says bed bugs are not a problem.

Antwaine and Woodrow Ross allege the Days Inn O’Fallon hotel knew the critters Cinex lectularius, commonly known as bed bugs due to their tendency to be found in bedding, infested their rooms.

The Rosses seek more than $50,000 from each of five counts, which include claims the hotel violated the Consumer Fraud and Deceptive Practices Act by concealing the infestation. Days Inn attorneys have filed a motion to dismiss four of the five counts claiming in part that the Rosses “misapprehend what constitutes a nuisance and a concurrent suit to stop an alleged nuisance” and they fail to show the Days Inn acted with “deliberate intention to harm.”

To prevent bed bug issues, the hotel states a program was instituted in 2010 that included:
• purchasing special box spring covers designed for bed bugs at a cost of $2,600 a piece,
• treating each with room approved anti-bed bug powder every three days,
• any room suspected of having bed bugs is locked down for three days and professionally treated,
• increasing the frequency of routine monthly extermination services,
• inspecting 5 to 10 rooms at random during each extermination service and providing a report to management, and
• cleaning each headboard with bleach.

Read more here: http://www.bnd.com/2012/05/10/2171520/days-inn-ofallon-sued-following.html#storylink=cpy

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Filed under Guest Issues, Health, Insurance, Liability, Maintenance, Management And Ownership

Hospitality Industry Technology Risks: Hotel Internet Connections Pose New Risks For "Malicious Software" Infecting Guest's Computers

The FBI said typically travelers attempting to set up a hotel room Internet connection were presented with a pop-up window notifying the user to update a widely used software product. If the user clicked to accept and install the update, malicious software was installed on the laptop. The pop-up window appeared to be offering a routine update to a legitimate software product for which updates are frequently available.

The FBI today warned travelers there has been an uptick in malicious software infecting laptops and other devices linked to hotel Internet connections.

The FBI wasn’t specific about any particular hotel chain, nor the software involved but stated: “Recent analysis from the FBI and other government agencies demonstrates that malicious actors are targeting travelers abroad through pop-up windows while they are establishing an Internet connection in their hotel rooms.

The FBI also recommends that travelers perform software updates on laptops immediately before traveling, and that they download software updates directly from the software vendor’s website if updates are necessary while abroad.”

For more:  http://www.itworld.com/security/276162/fbi-issues-warning-hotel-internet-connections

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Filed under Guest Issues, Maintenance, Management And Ownership, Privacy, Risk Management, Technology

Hospitality Industry Legal Risks: "Americans With Disabilities Act" (ADA) "Website Accessibility" Lawsuits Will Force Hotels To Update Websites To Service Disabled Guests

“…Charles Schwab… announced last week that they settled a year-long claim by a blind customer that its website was inaccessible to blind, low vision and cognitively challenged customers….”

 Not only does your website need to comply with the substantive requirements for listing hotel accessible features, for example, but the website itself needs to be accessible to disabled customers.

You need to ask yourself some questions. For example:

  • What standards of accessibility is your website hosting?
  • How do you measure website compliance?
  • How often do you audit your website for ADA compliance?

Charles Schwab joins a list of 15 prominent companies which have settled website accessibility complaints. Charles Schwab agreed that it will make its website more accessible and inclusive for all customers, and agreed to implement the Web Content Accessibility Guidelines (WCAG) Version 2.0 Level AA which will make its website navigable by disabled customers.

An informal complaint backed by the threat of litigation and administrative investigations was lodged with Charles Schwab by the lawyer for a blind day trader. The claimant was a long-time Schwab customer and herself a computer programmer. One morning, she found that she could no longer navigate the Schwab website using JAWS software and was prevented from making trades on-line. The

The Department of Justice (DOJ) has not approved and adopted any formal standards for website accessibility and recently withdrew its Notice of Proposed Rule Making for web access standards. The Web Accessibility Initiative (WAI) has been working for years and has promulgated the WCAG which is widely recognized as the “gold standard” for web access. However, given the almost daily changes in technology and the complexities of cyberspace, there are no official website standards.

Most recent DOJ investigations and settlements have focused on website accessibility. Target Corp. recently paid over $6 million to settle a website ADA class action.

For more:  http://hotellaw.jmbm.com/2012/05/ada_compliance_-_charles_schwab_settlement.html

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Filed under Guest Issues, Legislation, Liability, Maintenance, Management And Ownership, Technology, Training

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

Hospitality Industry Legal Risks: Dept. Of Justice Considering Delaying ADA "Pool Lift" Compliance Deadline From May 15 To September 2012

The DOJ could charge $55,000 for the first violation and $110,000 for any subsequent violation. The Justice Department has said it will investigate any complaints of non-compliance but will give pools with financial hardship and a savings plan more time to comply.

ADA regulations instruct hotels to buy one fixed lift for each large pool, hot tub and sauna. The 235,000 to 310,000 hotels needing to upgrade may face total costs of $1 billion, according to the Association of Pool and Spa Professionals.

As a result of widespread misunderstanding about the rule and complaints from hotel owners, the Department of Justice has extended the original March 15 deadline for compliance to May 15, and is considering delaying it until September.

The department is reviewing comments submitted in March and April. A spokesman said the department is considering only extending the deadline — not stripping the requirement altogether.

“If a fixed lift is affordable and easy for that hotel, they need to provide a fixed lift,” DOJ spokesman Mitchell Rivard wrote in an email. “If only a portable lift is affordable and easy for that hotel, they can use a portable lift. If they already have a portable lift, they should explore whether it is affordable and easy to attach the lift. If no lift is achievable, they should make a plan to achieve access when it becomes readily achievable for them.”

For more:  http://www.chillicothegazette.com/article/20120505/NEWS01/205050303

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Filed under Guest Issues, Insurance, Legislation, Liability, Maintenance, Management And Ownership, Pool And Spa, Risk Management

Hospitality Industry Legal Risks: California Restaurant Found "40% Liable" In $2.5 Million Jury Award To Woman Who Had "Chicken Bone" Stuck In Her Throat While Eating

“…In a verdict delivered April 26 in Contra Costa County, a jury determined Foster Farms, which supplied the poultry for the chicken strips on the pizza, was 60 percent liable for her injuries and Pizza Bytes, which runs several Round Table restaurants in the San Francisco area, was 40 percent responsible…”

A California jury has ordered a poultry producer and a pizza restaurant franchisee to pay $2.5 million to a woman who got a chicken bone stuck in her throat. Calla Felicity, 59, told the Contra Costa Times damage from the bone has turned her from a healthy woman to someone who becomes completely exhausted after walking two blocks. She said she spent 33 days in the hospital immediately after the injury in 2010 with 11 operations and has been back in the hospital several times.

Felicity was eating a barbecued chicken pizza with her mother at a Round Table restaurant in South San Francisco when the bone got stuck.

Read more: http://www.upi.com/Top_News/US/2012/05/04/Woman-awarded-25M-for-chicken-bone/UPI-68391336149120/#ixzz1tvRtzM61

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