Category Archives: Liability

by | May 7, 2011 · 7:21 am

Hospitality Industry Computer Data Risks: New Orleans Hotels Investigation Finds "Pubic Business Center" Computers Retain "Sensitive Information" In Temporary And Recycle Bin Folders

“…the Louisiana Technology Council says …many hotels make little or no attempt to protect your private information on their public PCs…in business centers…”

“That information will live on that computer until such time that it’s deleted,” said Lewis. “You and I both know that it’s really never deleted. It can be recovered and if someone comes in with software, they may be able to get that data off the PC.”

Eyewitness News sent an intern into about a dozen New Orleans area hotels to search for documents and other information left on public computers after the user logged off. Among the things we found: invoices; insurance papers; tickets to a show at the Lakefront Arena; a certificate from the Texas Department of Insurance and even someone’s monthly pay statement.

Most of the documents contained people’s names, addresses and other sensitive information about the user. “I was amazed that you were able to print out some very confidential and private information from a business center location,” said Lewis.

“If somebody wants to open up a new credit card and in this day and age of identity theft, having that kind of information out there is real frightening,” said attorney Daren Sarphie.

He says in March, the client got a disturbing phone call from a guest at the International House Hotel in downtown New Orleans. The guest told him all of the his private information, including Social Security number, birth date, home address and phone number was contained on a document stored on the hotel computer for all to see.

“The person that accessed, that found this file had just gone to hotel to book plane reservations to go back home to Dallas and in the process, he’s just playing around on the computer and he accessed this directory and is able to pull up all kinds of stuff, said Sarphie.

“You’d think that the hotels at least would have a system in place that they would erase the hard drive on a weekly basis or a daily basis to make sure there are no temporary files saved on that computer,” said Sarphie.

The information we found was easy to access on the computers. Most of it was stored in the PC’s temporary Internet files, saved in the documents folder or waiting to be deleted in the computer’s recycle bin.

The owner of the International House Hotel says it is his hotel policy to purge the public computer’s desk top of any documents and public files every 24-hours. But, he says it is a public computer and people need to be mindful to log out of personal accounts and delete personal documents before leaving the computer.

For more:  http://www.wwltv.com/news/Keeping-It-Safe-On-Hotel-Computers-121350324.html

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by | May 4, 2011 · 6:58 pm

Hospitality Industry Guest Payment Risks: Hotel Management Must Confirm Credit Card Payments At Check-In

“…A man is accused of staying at a Midtown hotel for a week and not paying his bill….and has been charged with theft of service…”

“…The owner of La Maison told investigators that Aragon gave her a credit card that was declined…”

 According to court documents, Aragon stayed at the La Maison in Midtown bed and breakfast from March 14 through March 21 and did not pay for his hotel room. The owner of La Maison told investigators that Aragon gave her a credit card that was declined. When the owner questioned Aragon, he told her that he was having a house built and that the builder would be taking care of the bill. The owner alleges Aragon left the hotel without paying the $1,675 bill.

Investigators say Aragon told them the builder was supposed to pay the bill and that there was some misunderstanding about the bill. Aragon said he had placed a money order in the mail and that the owner should have received it in the mail. The owner told investigators that she never received payment.

For more:  http://abclocal.go.com/ktrk/story?section=news/local&id=8111479

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by | May 2, 2011 · 4:05 pm

Hospitality Industry Workers' Comp Issues: State Of Illinois Seriously Reviews Employee Awards, Employer Liability And Injury Review Standards

“…In just one example of how Illinois’ system is abused, a hotel maid recently was awarded a $42,500 claim for carpal tunnel after working less than 30 days and 180 hours at a Springfield hotel…”

  • The workplace should be the primary cause of the injury or aggravation of the previously existing condition
  • Employers should not be on the hook financially for injuries that occurred outside of the workplace or in the course of previous employment
  • Health care providers should use nationally recognized American Medical Association and utilization review standards when determining a person’s impairment and treatment following an injury
  • These AMA standards are used in more than three dozen states across the United States and provide a measure of objectivity
  • Workers who are injured while under the influence of illegal drugs or alcohol should not be entitled to workers’ compensation benefits
  • The only exception would be if they can provide that the workplace caused the injury
  • Illinois should limit “wage differential” awards that are currently paid for life
  • These monetary awards are designed to make up the difference between an employee’s pay before and after an injury and were never intended to be paid past retirement age

Read more: http://www.bnd.com/2011/05/01/1690712/guest-view-its-time-to-get-workers.html#ixzz1LJ1LGtpZ

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by | April 28, 2011 · 6:25 pm

Hospitality Industry Information Security Risks: Hotel Management Must "Encrypt All Confidential Guest Data" To Decrease "Public Exposure Of Data"

“…99% of businesses around the globe at present no longer store confidential information on their systems and 75% continuously complied with PCI requirements…”

“…encrypting confidential information will “shrink the card data environment,” thus a minimal to zero possibility of public exposure of these data…”

To prevent fraud, she proposed three ways for the card industry:

  • Widespread distribution of ‘smarter’ payment devices is one, where EVM (chip-and-pin) cards will be used
  • Smarter networks to stem the cyber crime before or when it happens
  • A cardholder authentication method such as two-factor authentication

“Visa’s global fraud rate recently hit a historic low – at just over 5 cents for every $100 transacted, down more than two-thirds from the levels of 20 years ago,” she added.

She urged the card industry to step up a bit more its security measures as most consumers believe cyber criminals are ahead of what’s already in place. According to Richey, 61% of consumers are of the opinion that the security measures of the card industry are one step behind cyber criminals.

Rather than keeping pace with cyber crime which would only exhaust resources, Richey proposed getting smarter as a better solution in combating fraud and protecting card data.

“We need to use all the intelligence we have at our disposal. I think that the opportunities to get smarter and fight fraud are all around us,” she said.

Richey, on the other hand, recognized the fact that these suggestions will be costly and will require tremendous resources.

For more:  http://inaudit.com/audit/it-audit/cyber-crime-vincible-through-smarter-technologies-visa-5856/

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by | April 25, 2011 · 7:04 am

Hospitality Industry Fire Risks: Oklahoma Hotel Is Consumed By Fire Caused By "Electrical Short" But Fire Extinguishers And Good Escape Plans Prevent Tragedy

A three-alarm fire at America’s Best Value Inn and Suites near Mustang Rd. and I-40 forced people onto the streets as flames and smoke overtook their rooms.

“…Driven by the wind, flames quickly spread into the rafters and began pouring out of the roof…. Fire officials say the fire appears to have been caused by an electrical short…”

John Thompson works at the hotel and tried to put out the flames with fire extinguishers. He went through four of them before giving up and evacuating the area.

“We could only put out what was exposed,” Thompson said. “So, we knew it was a losing battle when it traveled.”

“Initially our concern was the wind. We had a pretty good breeze that was blowing through here and heavy smoke that was drifting all the way across Reno Avenue,” OKC Battalion Chief Greg Lindsay said.

Occupants in one of the rooms saw smoke coming from underneath the floor and pulled a fire alarm. Everyone was evacuated safely including two people who had to be rescued by ladder.

“Everything worked like it was supposed to and everybody was able to get out,” Lindsay said.

For more:  http://www.kfor.com/news/local/kfor-news-fires-apt-hotel-story,0,1882611.story

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by | April 22, 2011 · 7:14 am

Hospitality Industry Pool Risks: Pennsylvania Hotel "Alcohol-Related" Hot Tub Death Highlights Dangers Of "After-Hours" Usage Of Pool And Hot Tub Rooms

“Management is now considering whether to prevent guests from being able to enter the room after hours…”

“…Hotel guests must use a plastic keycard to unlock a door to access the pool and hot tub room…Rules posted clearly on the door say it is open from 6 a.m. to 11 p.m., and guests use the pool and hot tub “at their own risk,” 

Authorities have identified John Saviello, 42, of Bridgeport, Montgomery County, as the man who died after being found unresponsive in a city hotel hot tub.

Mr. Saviello’s death Wednesday morning was ruled accidental, authorities said. He was pronounced dead at Community Medical Center after being found in a hot tub at the Clarion Hotel on Meadow Avenue.

Mr. Saviello graduated from the University of Scranton in 1992, earning a Bachelor of Science degree in biology, university spokesman Stan M. Zygmunt said.

Why he was staying at the hotel or visiting the area was not clear on Thursday.

Authorities have not yet identified a 45-year-old woman who also was found unresponsive and intoxicated in the hot tub. She was OK after being taken to Community Medical Center, Scranton Police Chief Dan Duffy said.

Lackawanna County Coroner Tim Rowland said after an autopsy that the use of drugs and alcohol might have led to Mr. Saviello’s death, but results of a toxicology report will take several weeks.

In the hotel lobby on Thursday, assistant general manager Mark D’Angelo said the staff will review safety procedures in light of the incident.

“It’s a tragedy,” Mr. D’Angelo said. “We do have to learn from it, if there are any precautions we have to take.”

Hotel guests must use a plastic keycard to unlock a door to access the pool and hot tub room, Mr. D’Angelo said. Rules posted clearly on the door say it is open from 6 a.m. to 11 p.m., and guests use the pool and hot tub “at their own risk,” he said.

Management is now considering whether to prevent guests from being able to enter the room after hours, Mr. D’Angelo said.

Read more: http://thetimes-tribune.com/news/victim-identified-in-hot-tub-drowning-1.1136101#ixzz1KGRJb400

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by | April 19, 2011 · 5:16 pm

Hospitality Industry Guest Health Risks: Hotel Management Must Remain Proactive In "Bed Bug Infestation" Prevention Through Use Of Professionals, "Good Passive Monitoring" And Detailed Action Plans

Trip Advisor, Bed Bug Registry, Bed Bug Database and other websites allow users to upload and track bed bug sightings and encounters online.

Bed Beg infestations at hotels can result in guilty verdicts against hotel owners if conscious and deliberate behavior led to infestations going untreated.

There is even a Bed Bug iPhone App that was launched late 2010.  

There are a number of proactive approaches that can be implemented to lessen their impact on your operations when they arrive. EcoGreenHotel spoke with Michael Merchant, PhD an urban entomologist for the Texas AgriLife Extension in Dallas to discuss ways to reduce your risk:
 

  1. Work with a Pest Management Professional (PMP) that has experience combating Bed bugs. Rely on the PMP’s experience and knowledge to guide you through all of the steps needed to prevent or eradicate an infestation. Bed bugs are complicated pests and are resistant to many traditional chemicals and treatment protocols.  An over-the-counter chemical remedy applied by an untrained hotel staff member could be a recipe for disaster.
  2. Employ good passive monitoring in your guest rooms. Glue or deadfall traps allow hotel owners to identify potential problems quickly and without great expense. If bed bugs are spotted in a trap, a well-trained PMP can quickly identify if the infestation is limited to one room or if it has spread to adjacent rooms. Canine units trained to detect bugs can also be brought in to help identify the extent of the infestation.
  3. Develop a bed bug action plan to educate all hotel staff members what to look for in the guest rooms and how to react quickly and effectively if a guest makes a complaint in person or online. Simple visual inspections by trained housekeepers looking at sheets, mattresses and other hiding areas is an inexpensive first line of defense.
  4. Use of mattress, pillow and box-spring encasements effectively eliminates the most common breeding grounds. A typical encasement set for a king bed can be purchased for around $150. It is extremely important that the mattress encasement be placed on both the mattress and the box springs. Encasements can also help eliminate allergens and dust mites that improve indoor air quality in your green hotel.
  5. Until a nationwide eradication strategy is implemented, we will continue to see this epidemic in hotels and other lodging facilities, homes, movie theaters, dormitories, and all of the other uninviting areas they reside nationwide. Hotels will definitely be subjected to bed bugs arriving with guests on a continual basis. The problem will not go away without a fight.

For more:  http://www.hotelnewsresource.com/article54128.html

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by | April 18, 2011 · 6:21 pm

Hospitality Industry Guest Risks: Hotels From Hawaii to New York Have Employed Radio Frequency Identification (RFID) To Reduce Towel Theft

“…Linen Technology Tracking, a Miami-based company (has)  patented a washable Radio Frequency Identification (RFID) chip for hotels to sew into towels, robes and bed sheets…”

The chip can trigger an alarm if a guest tries to take a tagged item from the premises. The New York Times reports that three hotels in Honolulu, Manhattan and Miami have introduced the system but wish to remain unnamed.

William Serbin, the executive Vice President of Linen Technology Tracking tells the New York Times that high cotton prices led to costlier towels which served as motivation for developing an anti-theft system. He adds that the technology has a double purpose — in addition to catching thieves, it helps hotels monitor linen demand and adjust their supply accordingly.

It’s a successful system. The Honolulu hotel has saved nearly $15,000 since implementing the tags last summer and their monthly towel theft is now less than a quarter of what it was before. Can travelers hope for rapid rate reductions as a result? Probably not, but NewsFeed can dream.

Read more: http://newsfeed.time.com/2011/04/18/want-to-steal-a-hotel-towel-check-for-a-new-tracking-chip-first/#ixzz1JvjQgc7I

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by | April 13, 2011 · 9:31 am

Hospitality Industry Guest Health Risks: Major Hotel Sued In New York Supreme Court Over "Legionnaires' Disease Contracted At Dubai Hotel

Starwood Hotels and Resorts Worldwide is facing a $16.7m (AED61.3m) lawsuit in the US after two guests staying at the Westin Mina Seyahi in Dubai claim they caught legionnaires disease at the property.

The paper reported that Nogues started to feel weak and feverish two days after checking into the hotel with her son and a friend on February 14. With her health deteriorating, she returned to France on February 21 where she was also diagnosed with legionnaires’ disease.

The suit claims that Thomas Boyle, from Britain, and Elodie Nogues, from France, contracted the disease after staying at the Westin in January and February of 2009, according to a report in The National.

It claims the health of the pair deteriorated rapidly and resulted in hospital stays.

The disease is a form of pneumonia spread through airborne water droplets, which thrives in water and air-conditioning systems.

For more:  http://www.arabianbusiness.com/dubai-hotel-faces-16-7m-lawsuit-over-legionnaires-393411.html

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by | April 12, 2011 · 12:23 pm

Hotel Property Damage Risks: Texas Hotel Hit With "High Winds" And Section Of Roof "Falls Off"

“…Some of the worst (wind) damage hit the Comfort Suites, where a section of the roof just came off…”

“…the damage in the Waxahachie area was consistent with 80 mph straight-line winds…”

Signs all over town were destroyed, including some highway signs that were not only upside-down but also facing the wrong direction.

“Luckily, that’s the only damages there are to the hotel,” said Charity Betts, General Manager of Comfort Suites. Fortunately there were no injuries at the hotel.  The roof blew off around 3:00 Monday morning, and you couldn’t find one guest who slept through all this.

Robinson’s room was right under the damaged section. “It kinda felt like the room was trembling a little bit,” said Robinson.  

Over at Lowe’s, merchandise was strewn across the parking lot.  To make matters worse, the cash registers weren’t working, so all transactions had to be done by hand.

“Everybody’s just like ‘oh my gosh, I can’t believe this happened,‘” said Betts. 

For more:  http://www.the33tv.com/news/kdaf-section-of-hotel-roof-torn-off-in-waxahachie-20110411,0,6946765.story

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