Category Archives: Liability

by | October 26, 2011 · 5:11 am

Hospitality Industry Employee Risks: New Mexico Hotel Operator Sued By Guests Who Were "Spied On" Through Bathroom Wall


“.. family says in a lawsuit that they were spied on while taking showers last year in an Albuquerque hotel…”

“…named as defendants are Wyndham Worldwide Hotels, a parent company of Ramada Inn, which used to operate the motel, as well as Bhakta, Gonzales and another employee, Gibi George, who had access to the maintenance corridor. The complaint says all three of them subsequently left their employment at the hotel…”

Eric and Evangeline Vigil and their two children — a 17-year-old son and an 8-year-old daughter — checked into the Ramada Inn, 2015 Menaul Blvd. NW, on April 23, 2010, during a weekend visit to Albuquerque to celebrate the teen’s birthday, according to a lawsuit filed Tuesday in state District Court.

The complaint says the wife was given a “special rate” for Room 135 when she and the children checked in. The hotel staff were unaware that they were later joined by her husband, the lawsuit says.

While taking separate showers the next morning, each family member heard noises coming from behind the wall of the shower stall. When the father examined the area around the fixtures, the complaint says, he noticed a hole under the faucet.

“As Eric Vigil looked into the hole under the faucet, he saw an eye staring at him from behind the wall,” it says. “Eric Vigil immediately hit the tub surround and shouted. He heard someone attempt to leave the area from behind the wall.”

The complaint says when Vigil went into the hallway, he noticed a maintenance door next to his room door.

According to the complaint, the general manager, Sanketkunar Bhakta, told Vigil “the maintenance guy” had been fixing pipe behind the door, but after Vigil called police, Sanketkunar told the officers that he and another employee, Sergio Gonzales, were fixing a sewer line. Subsequently, Bhakta changed his story and claimed that he and Gonzales were fixing television cables in the corridor, the complaint says.

An inspection of the maintenance corridor found insulation had been removed from the wall behind the shower stall “to afford a clear line of sight into the shower stall” and that a plastic bucket was placed there to provide a place to sit while spying through the peephole, the complaint says.

For more:  http://www.santafenewmexican.com/Local%20News/Suit–Family-spied-on-via-peephole-in-hotel-shower

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by | October 24, 2011 · 5:31 am

Hospitality Industry Safety Risks: OSHA Renews "Local Emphasis Enforcement Program" Targeting Hotel Operators; Electrical Safety Standards Are Cited Most Often

OSHA recently renewed a Local Emphasis Enforcement Program (“LEP”) that targets hotel operators in OSHA’s Region 2, which includes New York, New Jersey, Puerto Rico, and the Virgin Islands. The directive outlining OSHA’s Hotel LEP is available on OSHA’s website. 

The Hotel LEP was launched in October 2010, and during the first year of the initiative, OSHA limited enforcement inspections to hotels in the Virgin Islands. According to an OSHA Region 2 official, the agency started in the Virgin Islands because of a high number of reports of workplace injuries at hotels in that area. Since the start of the LEP, OSHA has essentially inspected a different hotel property each month to month and a half. The hotel properties subject to LEP inspections have ranged from locally-owned motels to multinational hotel chains.

Most Frequently Cited Standards in the Hotel Industry in 2010

 

CITED STANDARDS

# OF CITATIONS

Electrical Safety

67

Hazard Communication

37

Personal Protective Equipment

30

Bloodborne Pathogens

25

Respiratory Protection

21

Asbestos

18

Lockout/Tagout

14

Recordkeeping – Annual Summary

13

For more:  http://www.hospitalitylaboremploymentlawblog.com/2011/10/articles/osha-renews-enforcement-program-targeting-hotels/

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by | October 22, 2011 · 5:20 am

Hospitality Industry Insurance Risks: California Hotel Owner Charged With Workers' Compensation Violations And Fraud

“…accused of dissuading an employee from seeking workers’ compensation after a work injury, fraud and making false claims. He is charged with two counts of insurance fraud, failure to maintain workers’ compensation insurance …”

The owner of a long-troubled Santa Cruz area inn is headed to trial on charges that he mishandled workers’ compensation and committed insurance fraud.

Sanjiv Kakkar, owner of Brookdale Inn and Spa, is accused of dissuading an employee from seeking workers’ compensation after a work injury, fraud and making false claims. He is charged with two counts of insurance fraud, failure to maintain workers’ compensation insurance and passing off bad checks, according to Kelly Walker, a prosecutor with the Santa Cruz District Attorney’s Office.

Kakkar appeared in court Friday with his attorney, Peter Leeming, to set a date of March 12 for a jury trial. A court date was also scheduled for December for a motion to consolidate the case with a second criminal case involving Kakkar. The latter case involves misdemeanor violations of health and safety codes.

Leeming said he is looking forward to finally taking the case to trial after multiple delays.

For more:  http://www.mercurynews.com/central-coast/ci_19167190

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by | October 21, 2011 · 5:53 am

Hospitality Industry Fire Safety Risks: "Fire Sprinkler" Shutoff Tool Can Minimize Water Damage From Accidental Activations

“…The amount of water that comes out of a fire sprinkler head can fill a bathtub in 2 minutes. Sometimes guests panic and don’t report the problem immediately which results in serious water damage. Or worse, the sprinkler water shut off system is in a room with a locked door…”

Shutgun is a one-handed tool that shuts off fire sprinkler heads fast and it fits comfortably in his pocket.

Hotels and accidental fire sprinkler activations seem to have their own dynamic. What seems to set them apart from other buildings is that few places have the constant influx of diverse visitors that a hotel does. The fact that in many hotel rooms there are signs that say, ‘Please do not hang garments from the fire sprinkler heads’, is a clear message that accidental fire sprinkler activations are not an uncommon occurrence.

More than once a wedding gown has been ruined just prior to the wedding by an unsuspecting bride-to-be hanging her dress from the sprinkler head. It is not hard to imagine. Wedding dresses with their long trains often don’t fit properly in closets. The sprinkler head looks high enough that once hung there the dress will not wrinkle. Unfortunately, when a sprinkler head is activated the dress is ruined beyond repair.

Other common activations can be caused by something as simple as a maid flicking a bed sheet that gets caught in the sprinkler head or a painter getting a dab of paint on the sprinkler head then trying to rub it off or kids having a pillow fight.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2011/10/21/prweb8894292.DTL#ixzz1bQLJSpp7

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by | October 20, 2011 · 7:13 pm

Hospitality Industry Guest Room Security: "Mobile Phone Master Key ByPass" Technology Allows Instant "Neutralizing" Of Lost Or Stolen Master Keys

“…when a master key is lost or stolen, each and every lock must be manually re-programmed to ensure that anyone finding the master key cannot open every door in the hotel…”

 Hotel managers have long experienced the logistical and costly hurdles of having to manage the loss of staff master key cards. With the uptake of Mobile Key by OpenWays – the industry’s first and only ubiquitous mobile phone guest front desk bypass method allowing the unlocking of guestroom doors – hoteliers have been quick to realize the additional opportunity to help mobilize their workforce. As a result, OpenWays announces the launch of Mobile Master Key.

Appropriate administration of master keys is critically important for the safe and secure management of any hotel.

With OpenWays Mobile Master Key, neutralizing a lost or stolen master key happens simply with the push of a button. There are no locks to walk to and reprogram. It’s a highly secure and easy process. Since reporting the loss now has limited consequences, staff members are more inclined to immediately report a loss vs. trying to find their plastic card for hours before eventually reporting the loss to hotel security.”

For more: http://www.hospitalitynet.org/news/154000320/4053444.html

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by | October 19, 2011 · 8:20 am

Hospitality Industry Social Media Risks: Hotel Management Must Asses Legal Risks Related To All Advertising Media Including Trademarks, Copyrights, Privacy And Data Security

“…from a risk-management and legal perspective, social media public relations, marketing and advertising efforts frequently present legal risks that are not always fully appreciated either by managers and directors, or those charged at the operations level with implementing the plans…”

The potential legal risks are wide-ranging and cover areas such as trademarks and copyrights, rights of publicity and privacy, data security, labor and employment issues, and the like. They also include compliance with the rules and regulations of state and federal agencies, such as the Federal Trade Commission.

  •  The potential legal risks are wide-ranging and cover areas such as trademarks and copyrights, rights of publicity and privacy, data security, labor and employment issues, and the like.
  • There is no reason not to proactively review the avenues of social media and begin the process of developing guidelines to mitigate risk. 
  • Fundamentally, a significant number of arising issues are no different than they are in traditional advertising mediums and require nothing more than policy tweaking.

For more: http://www.hotelnewsnow.com/Articles.aspx/6715/How-to-manage-legal-risks-of-social-media

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by | October 18, 2011 · 9:04 am

Hospitality Industry Health Risks: Wisconsin Hotels Respond To Complaints Of "Bed Bugs" With Swift Action

“Although the National Pest Management Association (NPMA) estimates there has been an increase in bed bugs in America over the last several years, the increase has had a minimal impact on the vast majority of hotels. Bed bugs are brought into hotels by guests; it is not a hotel sanitation issue. Education, awareness, and vigilance are critical. A trained and knowledgeable housekeeping staff is one of the best lines of defense, along with having regular pest control inspections as we have in place at the Rodeway Inn and Suites.”

The Health Department said it has gotten bed bug complains about the Rodeway Inn on Hastings Way and the Days Inn on Craig Road. These reports show how both hotels took quick action to control their bed bug problems.

But the Health Department said it’s important to remember that just because a hotel has the bugs, it doesn’t mean they’re dirty. “They can get into small cracks and crevasses and crawl out in the place they stop at and quite frequently that is a hotel,” said Courtenay Johnson, the Director of Environmental Health.

A complaint about the Rodeway Inn, filed with the Health Department by a guest claims they found six bed bugs on their bed. Another complaint about the Days Inn on Craig Road showed bed big sniffing dogs looking for the blood sucking pests. Both documents show the hotels took swift action.

“I haven’t seen a hotel or heard of one anywhere else that’s allowed a bed bug infestation to persist,” Johnson said.

For more;  http://www.weau.com/news/headlines/131902858.html?ref=858

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by | October 17, 2011 · 1:22 pm

Hospitality Industry Employee Issues: Florida Hotel Enforces Dress Code And Fires Employee For Wearing "American Flag" Pin Risking Public Backlash

“…Hotel front-desk supervisor Sean May on Thursday was fired from an historic St. Augustine, Fla., hotel for wearing a lapel pin (an American Flag), which breaks the hotel’s “personal appearance” rules that bans the wearing badges and pins…’

But May wasn’t wearing just any pin: It’s an American flag pin, which is why the Casa Monica Hotel’s move is sparking controversy in quaint St. Augustine, Fla.

According to tonight’s story, the hotel’s response has angered many. “The dress code should include a lapel pin for everybody,” Bruce Whalen, who served in the Air Force, told the TV station.

“Anybody who takes a chance on his livelihood to take a stand for patriotism is a hero and should be treated like a hero,” Whalen said.

He’s now calling on friends to boycott the hotel and its parent company.

For more:  http://travel.usatoday.com/hotels/post/2011/10/florida-hotel-fires-employee-for-wearing-us-flag-pin/553847/1?csp=34travel&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+hotelcheckincommunityfeed+%28Hotel+Check-in%3A+A+road+warrior%27s+guide+to+the+lodging+landscape+-+USATODAY.com%29

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by | October 16, 2011 · 7:06 am

Hospitality Industry Legal Risks: "Enabling Independence: Service For Guest With Disabilities" Outlines "Americans With Disabilities Act" (ADA) Compliance (Video)

[youtube=http://www.youtube.com/watch?v=nIGw7QKOJnY&feature=player_embedded]

This video “Enabling Independence: Service for Guests with Disabilities” outlines how the American Disabilities Act (ADA)affects the hospitality industry. It highlights the unique needs of guests with various disabilities and identifies how lodging employees can accommodate their desire for independence. It also covers expanded ADA requirements regarding power-driven mobility devices, service animals, and practical steps you can take to ensure the safety and satisfaction of guests with disabilities.

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by | October 15, 2011 · 5:22 am

Hospitality Industry Liability Risks: Arizona Hotel Found Guilty Of "Negiligence" On Appeal In Death Of Guest As Judges Find "Intended Use Of Stairway Required Center Handrail"; Carpet "Camouflaged" Dangerous Condition

“…An expert for the family testified that construction plans for the hotel, as well as its floor plan, depicted a center handrail where Volner fell… The expert also said that based on the intended use and width of the stairway, as well as applicable city building codes, a center handrail was required…”

“…the pattern on the carpet “camouflaged’’ the stairs, exacerbating the dangerous condition created by the lack of a handrail…”

The state Court of Appeals has upheld a $2.4 million verdict against a Tucson hotel where a woman tripped, fell down the stairs and died.

In a unanimous ruling, the judges rejected arguments by the owners of the Viscount Hotel that evidence of subsequent injuries is irrelevant to whether the business was negligent in this specific incident. They also brushed aside claims by the attorneys for the hotel that such evidence was prejudicial and would unfairly sway jurors against the business.

 Court records show that 78-year-old Harriet Volner was at the hotel in 2007 to have breakfast with friends when she fell at the stairs leading into the hotel’s atrium. She hit her head, went into a coma and died five days later after being taken off life support.

Her four children sued. A jury issued a $3 million judgment. But jurors concluded that Volner was 20 percent liable for her own injuries, reducing the verdict to $2.4 million.

A former hotel employee said there had been a center handrail but it had been removed and the carpeting changed. And an expert witness hired by the hotel agreed that the building code required a center handrail and it was a violation to have removed it.

For more:  http://www.ahwatukee.com/news/valley_and_state/article_a9ac7f01-7345-5d2f-8ebd-89ae0aa1271e.html

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