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Category Archives: Guest Issues
Hospitality Industry Legal Risks: ADA "Pool Lift" Product And Installation Demonstration Video
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Filed under Guest Issues, Legislation, Liability, Maintenance, Management And Ownership, Pool And Spa, Risk Management, Training
Hospitality Industry Legal Risks: ADA "Pool Lift" Product And Installation Demonstration Video
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Filed under Guest Issues, Legislation, Liability, Maintenance, Management And Ownership, Pool And Spa, Risk Management, Training
Hospitality Industry Property Risks: Maryland Hotel Suffers $50,000 In Water Damage As Guest Is "Tricked Into Breaking Off Fire Sprinkler"
“…Fire officials said a female guest was contacted by someone at the website pranku.net and told that a gas leak had occurred in the hotel. The guest was then tricked into breaking off the sprinkler head in her room with a 
toilet bowl cover, which then caused water to flow into eight rooms and the floor below…”
The state fire marshal’s office is investigating an incident at a hotel in Aberdeen in which a guest was pranked into breaking the sprinkler system with a toilet bowl lid, which subsequently caused several rooms to flood.
Firefighters were called to the second floor of the Holiday Inn Express in the 1000 block of Beards Hill Road about 1:30 a.m. Friday.
Officials said there was about $50,000 worth of damage to the hotel. No charges have been filed at this point.
Read more: http://www.wbaltv.com/news/30746462/detail.html#ixzz1pxPycGH5
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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:Â http://www.adjustersinternational.com/insights_1002EA.cfm
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Filed under Crime, Guest Issues, Insurance, Liability, Maintenance, Management And Ownership, Risk Management, Theft
Hospitality Industry Information Risks: "Specialized Cyber-Risk Insurance" Is Important In Providing "Security Liability" And "Privacy Liability" Coverage
A specialized cyber-risk insurance policy is necessary. Coverage would not usually be triggered under a commercial general liability policy–many of which also have exclusions. Importantly, property-damage policies typically do not acknowledge “data” as property.
“Cyber liability” is essentially comprised of two defined risks:
Security Liability: the unauthorized access and/or use of a network. Employees or others with access to the network can misappropriate identity information, business secrets, transmit malicious codes, and undertake a denial of service attack against your network or other networks.- Privacy Liability: the breach of personal data protection laws that allow individuals to control the collection, access, transmission, use, and accuracy of their personal information.
The available policy coverage options start with General Internet Crime Liability. This addresses the first and third party risks associated with e-business, the Internet, networks and informational assets.
However, it is critical to review your business activities to ensure appropriate coverage. To this needs to be added appropriate Property, Directors and Officers, Business Interruption and Fidelity wordings. For those businesses offering software and services susceptible to outage or malfunction associated with a cyber-attack, Electronic Errors and Omissions coverage should also be obtained.
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Filed under Crime, Guest Issues, Insurance, Liability, Maintenance, Management And Ownership, Privacy, Risk Management, Theft
Hospitality Industry Property Risks: Texas Hotel Evacuated After Guests Exposed To Carbon Monoxide; Boiler Room Thought To Be Source
“…several people from the hotel went to a hospital on their own and nobody was seriously hurt. He says the individuals apparently had similar symptoms, such as nausea and headaches, leading hospital personnel to 
contact the fire department…”
Part of a Dallas-area hotel has been evacuated after some people got sick from possible carbon monoxide exposure.
Wilson says carbon monoxide possibly was detected in a hotel boiler room. A clerk who answered the phone said the front desk area had been declared safe. Warning alarms could be heard in the background.
Read more here: http://www.star-telegram.com/2012/03/19/3819780/part-of-irving-hotel-evacuated.html#storylink=cpy
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Filed under Guest Issues, Health, Injuries, Liability, Maintenance, Management And Ownership, Risk Management
Hospitality Industry Legal Risks: Latest Americans With Disabilities Act (ADA) Revisions Reflect "Removal Of Barriers"; Restroom Floor Space And Counter Height Are Areas Of Concern
- Toilet clear floor space: The 1991 standards required 48 inches wide of clear floor space around a toilet. The new 2010 standards require 60 inches of clear floor space around the toilet. Things such as grab bars, toilet paper dispensers and seat protector dispensers are allowed to hang over into that space, but more obtrusive items such as urinals or cabinets are not.
- Lavatory comparable counter space: Accessible rooms are required to have counter space comparable to that of nonaccessible rooms. “Various people have different needs for countertop space,†Anderson said. “My wife has the need for a lot of countertop space, and having that small little room around the accessible sink really doesn’t meet her needs. So it’s not comparable.â€
- Sales and service counters: The 1991 standards allowed for auxiliary sales and service counters built on to existing desks. The new 2010 standards require accessible counters of full, standard depth—not just ledges or other auxiliary spaces.
For more:Â http://www.hotelnewsnow.com/Articles.aspx/7719/New-ADA-changes-could-prove-costly
Filed under Guest Issues, Legislation, Liability, Maintenance, Management And Ownership
Hospitality Industry Legal Risks: Hotels Granted "11th Hour" Reprieve In Americans With Disabilities Act (ADA) "Pool Lift Compliance" Mandate
 “…The federal government sought to make public pools, including hotel pools, accessible for people with disabilities in 2010. There are about 51,000 hotels in the USA, and the majority have some kind of a pool…”
The U.S. Justice Department will grant the hotel industry at least a 60-day extension for complying with a new rule aimed at making existing hotel pools compliant with the 22-year-old Americans With Disabilities Act. It’s a decision that the hotel industry lobbied hard for at the 11th hour, as a number of hotel owners and managers suggested they might close their pools or fill in their whirlpools due to the uncertainty the new rules created.
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Filed under Guest Issues, Labor Issues, Legislation, Liability, Management And Ownership, Pool And Spa, Risk Management
Hospitality Industry Legal Risks: Virginia Hotel Sued For $12 Million By Family Of Woman Killed By Valet Driver
“…A multi-million dollar lawsuit is filed in Richmond Civil Court, by the husband of the woman killed outside of a downtown Richmond hotel, allegedly by a valet driver for that hotel…Court documents say that (the valet) pulled out of the driveway of the hotel and instead of turning onto the street, he turned left down the sidewalk and ran 
right into (the woman)…”
“…Among those named in the suit is the Hilton Garden Inn. And the valet company employed at the hotel…”
In (the civil lawsuit) — Stone’s husband, John, lays out the pain, sorrow and anguish he’s been dealing. Stone died just a few days before their wedding anniversary. The suit says Josephine Stone’s death was a direct result of the negligence, recklessness and a conscious disregard for her rights and safety. The total amount wanted: more than 12 million dollars.
The Hilton released this statement, saying, “We deeply regret the tragic loss of any life especially this promising young person. We continue to work with the third party operator, parking management services, on this matter and will continue to cooperate with local authorities as we have done since this tragic accident. We continue to keep the stone family and friends in our thoughts and prayers.”
Gray is facing a involuntary manslaughter charge as well. That is set to go to a trial on May 25th.
For more:Â http://www.nbc12.com/story/17170161/civil-lawsuit-filed-in-woman-killed-outside-richmond-hotel
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Filed under Guest Issues, Injuries, Insurance, Labor Issues, Liability, Management And Ownership
Hospitality Industry Theft Risks: California Hotel Security Guard Charged With "Grand Theft And Burglary"; Accessed Online System To Steal Guest's Valuables
“…In his part-time security job for the hotel, Quinton was entrusted with access to an online lost and found system, which he is suspected of looting…”
“…In addition….(he) covered surveillance cameras in the hotel security office and stole $680 in cash from an office safe…”
A Los Angeles Police Department officer moonlighting as a security guard at Laguna Beach’s Surf & Sand Resort is to be charged with grand theft and burglary, the district attorney’s office said on Tuesday. Laguna Beach police, who had set up surveillance cameras within the hotel after its staff reported irregularities that began in October, arrested Quinton on Jan. 24, Lt. Jason Kravetz said.
When police arrested Quinton on Jan. 24, he had disappeared for over an hour during his shift, including from surveillance cameras police were monitoring in a spare hotel room, stealing $290 in bedding from a locked hotel storage room, and storing the items in his car. Detectives who went to Quinton’s home after the arrest seized more property, Kravetz said.
Hotel staff aided the investigation with monitoring cameras while detectives observed the employee from a hotel room. “We wanted to make sure we had a really solid case,†said Kravetz, who pointed out that most Orange County law enforcement agencies prohibit sworn officers from moonlighting in security posts or jobs involving alcohol. In Los Angeles County, officers have a long history of moonlighting as security for celebrities, he pointed out.
In October, Quinton allegedly stole cash that had been recovered from a room and secured in the hotel’s lost and found by accessing the online system and changing the cash entry into a “gold watch.†He is suspected of changing the room number where the $2,000 in cash had been found and falsely logging that the watch was returned to its owner, stealing $960 from the safe, Kim’s statement said.
For more:Â http://www.lagunabeachindependent.com/2012/03/13/moonlighting-cop-charged-hotel/
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Filed under Crime, Guest Issues, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Theft
