Category Archives: Risk Management

by | May 15, 2012 · 7:36 am

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

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

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

Tagged as , , , , ,

by | May 13, 2012 · 6:51 am

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/

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

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

Tagged as , , , ,

by | May 10, 2012 · 7:00 am

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

2 Comments

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

Tagged as , , , , , , ,

by | May 7, 2012 · 6:49 am

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/

Comments Off on 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

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

Tagged as , , , , ,

by | May 6, 2012 · 7:23 am

Hospitality Industry Property Risks: Minnesota Restaurant Fire And Water Damage Results In $1 Million Reconstruction; "Discarded Cigarette" On Wood Deck Determined As Cause

“…a cigarette discarded in a flower pot on the deck sparked the fire that, coupled with the water used to extinguish it, caused more than $1 million in damage and closed the restaurant for more than six months…”

Even though the fire was mostly confined to the deck and part of the bar, the damage turned out to be much more severe than originally thought. It was February before the contractor could start reconstruction by gutting the remaining structure.

But Casper’s Cherokee of Eagan, the familiar barn-shaped restaurant and bar on Nicols Road, is on its way back. The restaurant opens Monday, completely refurnished and with some tweaks to the menu. Among them: A Blazin’ Barn Burger — proof that owner Rick Casper has a sense of humor — and Eagan’s Firehouse No. 5 Burger — named in honor of the department that responded to the blaze Oct. 9.

As the staff prepared for reopening last week, there were still lots of details to pin down. Chairs had not yet been delivered. A cement patio soon will be added where the deck once stood.

There was a flurry of staff training, initiating 50 new crew members and refreshing the roughly 20 people who waited for Casper’s to reopen, even though there wasn’t money to pay them past December.

For more:  http://www.startribune.com/local/south/149897095.html

Comments Off on Hospitality Industry Property Risks: Minnesota Restaurant Fire And Water Damage Results In $1 Million Reconstruction; "Discarded Cigarette" On Wood Deck Determined As Cause

Filed under Claims, Fire, Insurance, Liability, Maintenance, Management And Ownership, Risk Management

Tagged as , , , , , ,

by | May 5, 2012 · 7:43 am

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

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

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

Tagged as , , , , ,

by | May 4, 2012 · 10:13 am

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

Comments Off on 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

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

Tagged as , , , ,

by | May 1, 2012 · 7:54 am

Hospitality Industry Health Risks: $6 Million "Negligence Lawsuit" Filed Against Maryland Hotel After "Legionnaires' Disease" Outbreak Confirmed In Water System

“…The lawsuit seeks damages of $6 million dollars, $5 million for negligence and $1 million for loss of consortium…”

“…The Virginia resident who filed the claim reportedly spent 6 weeks in the hospital suffering a number of severe medical conditions and that cost hundreds of thousands of dollars in medical bills…”

The Maryland Department of Health and Mental Hygiene announced the illnesses in October 2011, which occurred after the individuals stayed at an Ocean City hotel. The hotel was later closed for several days to perform tests on the water systems to try and locate the bacteria that cause the disease.  Earlier this month, it was reported that one of those who contracted Legionnaires’ disease while staying at the hotel has filed a lawsuit against the hotel. 

[youtube=http://www.youtube.com/watch?v=HB7g81JxCq0]

  • Each year, between 8,000 and 18,000 people are hospitalized with Legionnaires’ disease in the U.S.
  • It is believed that many infections are not diagnosed or reported, so this number may be significantly higher.
  • More cases are usually found in the summer and early fall, but it can occur any time of year.
  • “Legionnaires’ disease is caused by Legionella bacteria,”
  • “Legionella bacteria can sometimes be found in manmade environments that contain warm water. 
  • These may include hot tubs, cooling towers, hot water tanks, large plumbing systems, or parts of the air-conditioning systems in large buildings. 
  • Proactive testing for Legionella can help prevent outbreaks of the disease. 
  • If an outbreak has occurred, testing for the bacteria can pinpoint sources of the potentially deadly pathogen to prevent further illnesses,”

For more:  http://www.environmental-expert.com/news/victim-of-legionnaires-disease-files-lawsuit-against-maryland-hotel-292018

Comments Off on Hospitality Industry Health Risks: $6 Million "Negligence Lawsuit" Filed Against Maryland Hotel After "Legionnaires' Disease" Outbreak Confirmed In Water System

Filed under Claims, Guest Issues, Health, Insurance, Liability, Management And Ownership, Risk Management

Tagged as , , , ,

by | April 30, 2012 · 6:51 am

Hospitality Industry Flood Risks: Tennessee Hotel Owners Sue Federal Government For "Negligence" In Managing Spillway Resulting In "100-Year Flood" Levels Two Years Ago

Gaylord wants $250 million for damages to its Gaylord Opryland Hotel and the Grand Ole Opry House

 “…the Corps opened the spillway at Old Hickory Dam…the discharges were so high they caused the Cumberland River to rise above the 100-year flood plain and cause all this damage…”

Gaylord Entertainment plans to file a lawsuit today against the federal government, alleging U.S. Army Corps of Engineers and National Weather Service negligence led to major damage to its luxury hotel during the Cumberland River flood two years ago.

The suit will contend that the Corps was negligent in opening the spillway at the Old Hickory Dam on May 2, 2010, and the Weather Service failed to notify the public that water levels would reach the 100-year flood levels that devastated homes and businesses.

Gaylord and A.O. Smith filed initial claims with the Corps and the Weather Service for compensation in October, a requirement under the 1946 Federal Tort Claims Act, which governs how legal action can be filed against the federal government.

Once the two agencies rejected the Gaylord and A.O. Smith claims, the companies were free to file a lawsuit but had to endure a six-month waiting period.

For more:  http://www.tennessean.com/article/20120430/BUSINESS01/304300044/Gaylord-to-sue-Corps-over-2010-flooding

Comments Off on Hospitality Industry Flood Risks: Tennessee Hotel Owners Sue Federal Government For "Negligence" In Managing Spillway Resulting In "100-Year Flood" Levels Two Years Ago

Filed under Flood Insurance, Insurance, Liability, Maintenance, Management And Ownership, Risk Management

Tagged as , , , , , ,

by | April 29, 2012 · 6:53 am

Hospitality Industry Employee Risks: Minnesota Restaurant Must "Reinstate" Fired Workers With "Back Pay" According To National Labor Relations Board Ruling

 “…the judge ruled the workers must be reinstated within 14 days and are eligible for back pay — about $10,000 each…”

Six local Jimmy John’s workers fired more than a year ago should get their jobs back, a National Labor Relations Board judge ruled last week. The workers were fired after plastering parts of the Twin Cities with fliers claiming the restaurant’s customers were at risk of illness because of a sick-day policy requiring workers to find their own replacement if they were sick.

On Friday the judge ruled the workers must be reinstated within 14 days and are eligible for back pay — about $10,000 each, according to an estimate by Erik Forman, who lost his job at the West End Jimmy John’s store in St. Louis Park, Minn.

The stores’ owners have not yet decided whether to appeal the judge’s ruling.

“It’s a big victory. It’s not unexpected for us — we’ve known for a long time that our posters and our right to speak out about health and safety issues are legally protected,” Forman said. “But we’re glad to see that we’re one step closer to getting back to work and exercise our right to organize.”

In a March 2011 letter to franchise co-owner Rob Mulligan, Jimmy John’s workers called the sick-day policy a risk to the public’s safety, as it required workers to find their own replacement or go unpaid if they didn’t work, creating an incentive to work while ill.

For more: http://www.mndaily.com/2012/04/24/fired-jimmy-john%E2%80%99s-workers-work-again-judge-rules

Comments Off on Hospitality Industry Employee Risks: Minnesota Restaurant Must "Reinstate" Fired Workers With "Back Pay" According To National Labor Relations Board Ruling

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

Tagged as , , , ,