Category Archives: Risk Management

by | April 28, 2012 · 6:18 am

Hospitality Industry Legal Risks: West Virginia Hotel Owner Sued Over "Similar Name" In "Common Law Trademark" Lawsuit

“…The suit also seeks Bhatin to change the hotel’s domain name, hotelmorgantown.com, and to file a cancellation of the Hotel Morgantown trade name with the Secretary of State’s office…”

Officials of an 86-year-old Morgantown hotel are crying foul over a nearby hotel’s name, saying the similar name violates its longstanding common law trademark. Filed April 26 by The Hotel Morgan Company against Himanshu Bhatin and his company Sahaj Morgantown LLC, the suit seeks Bhatin to change the name of his Hotel Morgantown to one that does not contain any variation of the words “hotel,” “Morgan” and “Morgantown.”

Hotel Morgan opened in 1925 as a “premier full-service lodging, restaurant and banquet facility,” the suit states, and has gained “regional and national recognition and prominence.”

Bhatin, a New Jersey resident, opened Hotel Morgantown & Conference Center in 2011. 

“Although Hotel Morgan is not registered as a state or federal service mark, it has acquired ‘secondary meaning,’ and is lawfully entitled to the protection afforded to common law trademarks under various state, federal and international laws, conventions and policies.”

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by | April 27, 2012 · 7:02 am

Hospitality Industry Health Risks: Two Wisconsin Women File "Salmonella Sushi Lawsuit" After Eating Sushi Rolls At Local Restaurant; Any Party In "Chain Of Distribution" Potentially Liable Under Product Liability Laws

Food-poisoning cases like the Salmonella sushi lawsuit generally fall under product liability laws. Any party in the product’s chain of distribution — including manufacturers, retailers, and middlemen — can potentially be held liable, depending on the source of contamination.

“…distributors may have removed the packaging before selling it to restaurants, which may not know they’re serving a potentially contaminated product, the Wisconsin victims’ lawyer told MSNBC…”

In a Salmonella sushi lawsuit filed last week, two Wisconsin women, 22 and 33, claim they were severely sickened after eating tuna sushi rolls at a local restaurant, MSNBC reports. The sushi rolls allegedly contained ground yellowfin tuna with Nakaochi Scrape.

California-based Moon Marine USA has recalled 59,000 pounds of raw, ground yellowfin tuna from India, which was packaged as “Nakaochi Scrape AA” or “AAA.”

But distributors may have removed the packaging before selling it to restaurants, which may not know they’re serving a potentially contaminated product, the Wisconsin victims’ lawyer told MSNBC.

Salmonella infections generally lead to diarrhea, fever, and abdominal cramps within 72 hours, according to the FDA. Victims usually recover after about a week.

But the Wisconsin women’s infections were more severe, and required hospital treatment. One woman was diagnosed with an ulcerated colon, which her personal-injury lawsuit blames on contaminated Nakaochi Scrape.

Scientific tests show the Salmonella sushi victims were sickened by a rare type of bacteria called Salmonella Bareilly, the women’s lawyer said. Investigations are underway to determine where bacteria came from.

For more:  http://www.reuters.com/article/2012/04/25/tagblogsfindlawcom2012-injured-idUS319130664220120425

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by | April 26, 2012 · 6:08 am

Hospitality Industry Employment Risks: Federal Lawsuit Alleges Miami Employment Agency Forced Thrity "H-2B Status" Guest Workers To Do Unsanctioned Work As Housekeepers At Florida Hotels

According to the lawsuit, thirty guest workers were brought to Miami by Villanueva, purportedly to work at the W South Beach as housekeepers for $8.28 an hour.

“…(plaintiff) had many of the workers do unsanctioned work for less than minimum wage. He charged the workers “security deposits” ranging from 50,000 to 100,000 Filipino pesos– or $1,200 to $2,350– which they would lose if they quit those jobs. He crowded the workers in housing Florida and New Jersey, “on floors, air mattresses, and in hallways”, according to the suit, and in “beds infested with bedbugs.”

According to a new federal lawsuit, the Filipino worker who changed your sheets at W South Beach Hotel, or served you lunch at posh restaurants and country clubs, may have essentially been an indentured servant. Seventeen Filipino immigrants allege that a ring of Miami-based employment agencies charged them outrageous “security deposits,” forced them to work for less than minimum wage and no overtime, and stashed them in overcrowded housing.

In a statement to Riptide, the hotel’s general manager George Cozonis acknowledged that the W had used Villanueva’s workers in the past: “W South Beach does not currently work with Jose Villanueva’s agency, Lincoln Road Employment Advisory Services, to provide staffing to the hotel or any of its affiliated operators. LREAS was used briefly during the opening period of the hotel, but all ties were severed more than 19 months ago.”

Employers such as the W, The Admiral’s Club country club in Jupiter, and the Kiawah Island Club in South Carolina arranged with Villanueva for the workers to immigrate under H-2B status from 2006 to 2009.

For more:  http://blogs.miaminewtimes.com/riptide/2012/04/miami_employment_agencies_supp.php

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by | April 25, 2012 · 8:41 am

Hospitality Industry Health Risks: Oklahoma Restaurant Chain Faces Multiple Lawsuits After "Salmonella Outbreak"; 68 People Confirmed Infected By Centers For Disease Control (CDC)

 “..(the Plaintiff)..sued the restaurant in February, claiming that she was sick  for two weeks after eating at Taco Bell. She’s seeking more than $75,000 in  damages…”

The Centers for Disease Control said that 68 people — including 16 in Oklahoma  — were infected with salmonella after eating at a “Mexican-style fast-food  restaurant chain.”

Taco Bell is facing a second lawsuit after a Shawnee family said their child  contracted salmonella in Oklahoma. The family said their 9-year-old got sick from eating at the restaurant.  The child spent three days in a hospital with a 105-degree fever, according to  the lawsuit.

A lawsuit filed by a Norman woman who claimed she contracted salmonella  after eating at Taco Bell was transferred to federal court.

In a court filing, Taco Bell denied it was liable for Smith’s illness.  The company asked a federal judge to dismiss it from the lawsuit.
Read more: http://www.koco.com/health/30917551/detail.html#ixzz1t4R5gjdr

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by | April 22, 2012 · 7:20 am

Hospitality Industry Property Risks: Texas Motel Damaged By "Wind-Fueled Fire" That Momentarily Traps Firefighters; Firewall Proves Useless In Windy Conditions

“With the winds, even if you have firewalls, if somebody puts a cable hole — every little breach of a firewall for cable, electric, whatever is going to be a void. That firewall’s not intact anymore.”

San Antonio firefighters had a close call Friday afternoon when the rear of a burning motel collapsed on them. Crews responded to the fire reported at the Studio 6 motel at Highway 281 and Rhapsody to find flames shooting through the structure, according to WOAI-TV.

The wind-fueled fire originated on the first floor of the hotel, extended to the attic and then spread to a neighboring building. Fire Chief Charles Hood said that his firefighters had to rely on their training when the blaze quickly became out of control and a Mayday was called.

“That’s one of those moments when your heart just goes to your feet because we have reports of firefighters trapped,” he told the news station. Luckily, all of the firefighters made it out safely and no injuries were sustained.

Hood said that winds played a big role in helping the fire grow, and that if the building did have firewall, they wouldn’t have stopped it. Around 100 firefighters were on the scene and after the collapse, crews switched to a defensive fire attack to put out the blaze.

For more:  http://www.firehouse.com/news/10704188/san-antonio-firefighters-have-close-call-at-motel-blaze

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by | · 7:20 am

Hospitality Industry Property Risks: Texas Motel Damaged By "Wind-Fueled Fire" That Momentarily Traps Firefighters; Firewall Proves Useless In Windy Conditions

“With the winds, even if you have firewalls, if somebody puts a cable hole — every little breach of a firewall for cable, electric, whatever is going to be a void. That firewall’s not intact anymore.”

San Antonio firefighters had a close call Friday afternoon when the rear of a burning motel collapsed on them. Crews responded to the fire reported at the Studio 6 motel at Highway 281 and Rhapsody to find flames shooting through the structure, according to WOAI-TV.

The wind-fueled fire originated on the first floor of the hotel, extended to the attic and then spread to a neighboring building. Fire Chief Charles Hood said that his firefighters had to rely on their training when the blaze quickly became out of control and a Mayday was called.

“That’s one of those moments when your heart just goes to your feet because we have reports of firefighters trapped,” he told the news station. Luckily, all of the firefighters made it out safely and no injuries were sustained.

Hood said that winds played a big role in helping the fire grow, and that if the building did have firewall, they wouldn’t have stopped it. Around 100 firefighters were on the scene and after the collapse, crews switched to a defensive fire attack to put out the blaze.

For more:  http://www.firehouse.com/news/10704188/san-antonio-firefighters-have-close-call-at-motel-blaze

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by | April 21, 2012 · 6:46 am

Hospitality Industry Health Risks: California Hotel Sued For $6 Million By Man Who Contracted Legionnaires' Disease From Hotel's Water System; Tests Confirm Bacteria Sickened Six People Resulting In One Death

“…In October 2011, the Maryland Department of Health and Mental Hygiene confirmed the Legionella bacteria was present in water collected from various locations at the Plim Plaza. Six people were sickened with Legionnaires’ disease; one of them later died…”

The lawsuit alleges that the hotel was negligent in its failure to “adequately inspect, monitor and maintain” its water system.

(The Plaintiff)…went on to spend six weeks in the hospital, during which he experienced renal failure, septic shock and respiratory failure, according to the complaint. His medical bills exceeded $200,000 by the time he was discharged on Sept. 24.

A Virginia man who contracted Legionnaires’ Disease in Ocean City last summer is suing the Plim Plaza Hotel for $6 million.

Virginia resident Pat Eldon Dent Jr., and his wife, Martha Dent, filed a lawsuit against the historic Boardwalk hotel in U.S. District Court in Baltimore on April 18. The lawsuit, which names Plim Plaza Hotel Inc. and the Hale and John Harrison Partnership as defendants, seeks $5 million for negligence and $1 million for loss of consortium.

The lawsuit alleges the hotel’s water system was contaminated with unsafe levels of the Legionella bacteria while Dent and his wife stayed there between July 29, 2011, and Aug. 1, 2011. After returning to his home on Aug. 1, Dent began to feel feverish and on Aug. 10 was admitted to Winchester Medical Center and diagnosed with Legionnaires’ disease, according to the seven-page complaint filed by Rockville attorney Ronald Karp.

For more:  http://www.delmarvanow.com/article/20120421/WCT01/204210346/Virginia-man-who-contracted-Legionnaires-files-lawsuit-against-OC-hotel

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by | April 20, 2012 · 1:52 am

Hospitality Industry Guest Safety Risks: Houston Hotel Sued By Parents Of Young Girl Injured By Restaurant's "Rotating Floors"

“…(they) are suing for damages that include emergency room expenses, future surgeries to “restore the normal appearance of Erin’s foot” and prescription drugs as well as “likely permanent disfigurement” of the child’s foot. She was involved in dance classes prior to the incident…”

They allege in the lawsuit that Hyatt and Spindletop failed to use reasonable care to make the restaurant safe, primarily by failing to “remedy and warn of a serious safety hazard that was especially dangerous to small children.”

Set at the very top of the Hyatt Regency Houston hotel downtown, Spindletop is a popular destination for date nights and special occasions. The rotating floors in the restaurant spin guests slowly around for impeccable views of the city skyline, making Spindletop a draw since it first opened in 1972. But those rotating floors ended up creating a nightmarish scenario for one couple, who allege in a lawsuit that their 4-year-old’s foot became lodged between two rotating platforms, causing serious injuries.

The couple, Dehong Shen and Min Zhang, filed a lawsuit against Spindletop and its parent company, the Hyatt corporation, on April 17. In the filing, Shen and Zhang accuse the restaurant of gross negligence for failing to prevent the injury to their child and for failing to provide sufficient assistance to the family when the toddler’s leg became stuck.

For more:  http://blogs.houstonpress.com/eating/2012/04/spindletop_lawsuit_rotating_floor_child_injured.php

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by | · 1:52 am

Hospitality Industry Guest Safety Risks: Houston Hotel Sued By Parents Of Young Girl Injured By Restaurant's "Rotating Floors"

“…(they) are suing for damages that include emergency room expenses, future surgeries to “restore the normal appearance of Erin’s foot” and prescription drugs as well as “likely permanent disfigurement” of the child’s foot. She was involved in dance classes prior to the incident…”

They allege in the lawsuit that Hyatt and Spindletop failed to use reasonable care to make the restaurant safe, primarily by failing to “remedy and warn of a serious safety hazard that was especially dangerous to small children.”

Set at the very top of the Hyatt Regency Houston hotel downtown, Spindletop is a popular destination for date nights and special occasions. The rotating floors in the restaurant spin guests slowly around for impeccable views of the city skyline, making Spindletop a draw since it first opened in 1972. But those rotating floors ended up creating a nightmarish scenario for one couple, who allege in a lawsuit that their 4-year-old’s foot became lodged between two rotating platforms, causing serious injuries.

The couple, Dehong Shen and Min Zhang, filed a lawsuit against Spindletop and its parent company, the Hyatt corporation, on April 17. In the filing, Shen and Zhang accuse the restaurant of gross negligence for failing to prevent the injury to their child and for failing to provide sufficient assistance to the family when the toddler’s leg became stuck.

For more:  http://blogs.houstonpress.com/eating/2012/04/spindletop_lawsuit_rotating_floor_child_injured.php

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by | April 19, 2012 · 6:43 am

Hospitality Industry Theft Risks: Man Arrested For Using Fraudulent Credit Card Information At California Hotels; Police Seize $32,000 Worth Of Cashier's Checks

“…(the man) was arrested on suspicion of using fraudulent credit card information at hotels and resorts in Laguna Beach, Costa Mesa and Dana Point…between Feb. 15 and April 12…”

“…it was common for Larson to give his hotel room to someone else before the end of his stay and move on to another hotel…”

Harold Eric Larson, 36, of Orange was arrested April 12 at the Costa Mesa Marriott, where detectives seized documents, hotel booking information and $32,000 worth of cashier’s checks from 39 different accounts.

Larson is facing charges of burglary, identity theft, grand theft and credit card fraud, said Laguna Beach police Sgt. Robert Rahaeuser.

According to court records, Larson pleaded not guilty Monday to 20 felony counts.

Laguna police first got a tip March 2 that Larson was committing fraud at a Laguna resort.

For more:  http://www.dailypilot.com/tn-cpt-0420-larson-20120417,0,413551.story

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