by | January 14, 2012 · 2:10 am

Hospitality Industry Property Risks: Chicago Hotel Pool Remains Closed Due To Failure To Comply With Federal Law Requiring Drains To Be Fitted With Large Covers And Backup Systems

“…The law requires drains to be fitted with larger covers and backup systems. It affects all public pools and spas, including those at apartment and condo complexes, hotels and health clubs…Since the law went into effect, the commission first removed the backup requirement, then reinstated it, bowing to pressure from the industry and then to safety advocates…”

Sunlight still bathes the mosaic tile, terra-cotta fountain and potted palms at the Hotel InterContinental’s iconic indoor pool. But no bathers ripple the water. Stuck in regulatory purgatory, the pool has been closed since October.

The junior Olympic-sized pool is one of the better-known in the city and once drew famous visitors like “Tarzan” star Johnny Weissmuller. Now, it’s among nearly 300 public pools across Illinois still listed as noncompliant with federal regulations designed to reduce the risk of swimmers being sucked into drains and drowning.

Hotel officials say their pool will reopen soon. And many of the other facilities are outdoors and would be closed in winter, anyway. But with so many affected sites, expensive fixes and delays in getting state approval, some pool operators wonder if they’ll be ready come spring.

For more: http://www.chicagotribune.com/news/local/ct-met-pool-drains-update-20120115,0,7498748.story

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by | January 13, 2012 · 7:16 am

Hospitality Industry Theft Risks: California Hotel Robbery Suspect Entered Guest Rooms Through "Open Doors" And "While Faking A Disability To Avoid Suspicion"

“… in rooms where guests left without closing their doors tightly, jewelry, watches, electronics and wallets were missing. “He had credit cards from some of the victims, we believe he was involved in fraud and identity theft.”

“…Hotel workers told us they believe Hudson used a handicapped placard on his car, and walked with a limp. They speculate that is because of his apparent disability. Some hotel patrons may have opened side doors and let him in…”

Fresno police have arrested a suspect in a series of burglaries in hotels and motels in the Central Valley. Police have linked James McGovern to burglaries at three hotels in Fresno. He’s also a suspect in burglaries in Kingsburg, Clovis, Madera and Chowchilla.

Police think McGovern slipped in through side doors as guests left, and then walked the halls, looking for targets. Fresno Police Sergeant Mark Hudson told Action News the Airport Holiday Inn, The Marriot Courtyard and Homewood Suites in Fresno were among those McGovern hit. “He was going into these hotels and just checking for open doors, maybe where maids had been in going in stealing the TV’s.”

For more: http://abclocal.go.com/kfsn/story?section=news/local&id=8503146

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by | January 12, 2012 · 7:00 am

Hospitality Industry Legal Risks: Washington State Supreme Court To Hear Restaurant Operator's "Products Liability And Negligence Lawsuit"; Employee "Spat On Hamburger"

An appeals court asked a state supreme court for help in deciding whether to revive a case by a police officer against Burger King over a Whopper he says a worker spat on.

Bylsma sued Burger King and restaurant operator Kaizen Restaurants Inc under products liability and negligence laws. He said he suffered ongoing emotional trauma from the incident, including vomiting, nausea, food anxiety and insomnia that required professional help.

The U.S. Court of Appeals for the 9th Circuit on Wednesday asked the Washington Supreme Court to clarify whether Washington law would allow the officer to recover damages for emotional harm when he only touched, but did not eat, the contaminated burger.

Clark County Sheriff’s Deputy Edward Bylsma said in the lawsuit that he drove his police cruiser through a Burger King drive-thru in Vancouver, Washington, in March 2009. He had “uneasy feeling” about the two employees that served him, the complaint said. When Bylsma later examined the burger, he noticed a large glob of spit on the meat patty. He touched the substance, but did not eat the burger.

DNA testing revealed the saliva belonged to one of the Burger King employees, who pled guilty to assault and was sentenced to 90 days in jail, the court opinion said.

For more: http://newsandinsight.thomsonreuters.com/Legal/News/2012/01_-_January/9th_Circuit_asks_state_court_to_weigh_in_on_Whopper_spit_suit/

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by | January 11, 2012 · 11:41 am

Hospitality Industry Legal Risks: Pennsylvania Restaurant Franchise Sued For "Racial Discrimination" In Promoting Employees

“…The lawsuit …claims that Panera franchisee Covelli Enterprises discouraged managers from hiring African Americans, and then relegated them to menial, back-of-the-shop roles….”

A Panera Bread franchisee had a policy of keeping “fat, black or ugly” people off of the cash registers and out of management positions, according to a lawsuit filed in federal court today that seeks class action status.

It follows a lawsuit filed in November by a former Panera Bread manager who said he was fired under pretenses after he objected to such policies. Both Mr. Vines and the former manager are represented by attorney Sam Cordes.

Mr. Vines, who is black, worked at Panera at the Galleria in Mt. Lebanon from November 2009 through August 2011, according to the complaint. While he was there, a district manager told a store manager that Sam Covelli, of Covelli Enterprises, might give them both a “death sentence” if he saw Mr. Vines working a cash register, because Mr. Vines was a “that” — code for an African American.

Because Mr. Vines was a good employee, the store manager continued to periodically put him on the cash register, and tried to promote him, the complaint said. He was repeatedly reprimanded, however, and was not allowed to promote Mr. Vines, it said.

Mr. Vines eventually was forced to quit because of the policies, the complaint said. Mr. Cordes said he now works at another restaurant. He seeks actual, compensatory and punitive damages.

Mr. Vines seeks to represent the interests of all African Americans hired at Panera Bread branches owned by Covelli Enterprises, which is based in Warren, Ohio. Mr. Cordes said that the class of plaintiffs does not include overweight or “ugly” people.

Read more: http://www.post-gazette.com/pg/12011/1202770-100.stm#ixzz1jBDYhqK9

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by | January 10, 2012 · 3:26 am

Hospitality Industry Legal Risks: Woman Files "Negligence Lawsuit" Against Major Hotel Group After Front Desk Staff Gives Room Key To "Drunken Man" Who Assaults Her

A New York business woman is suing Starwood Hotels and Resorts Worldwide, claiming staff at one of their hotels gave her room key to a drunken man who allegedly sexually assaulted her in her bed.

 “…suing the company for negligence and negligent infliction of emotional distress for an amount to be determined at trial…”

Alison Fournier announced the suit today at a news conference with women’s rights lawyer Gloria Allred. According to the suit, Fournier was in her locked room in Hotel Kämp, a hotel operated by Starwood Hotels in Helsinki, Finland, on the night of Jan. 15, 2011 when she was sexually assaulted.

The man, who was “visibly intoxicated,” had undressed, slipped into her bed, and proceeded to grope her naked body, the suit says.

That same man, according to the suit, later went to the front desk, said that he was Fournier’s husband, and obtained a key from hotel staff to her room.

The staff did not ask him for any identification or proof that he was in fact Fournier’s husband, according to the lawsuit. He then proceeded to her room and tried to molest her. She awoke, grabbed a housecoat, and ran screaming from the room.

For more:  http://abcnews.go.com/US/woman-sues-hotel-claiming-drunken-man-room-key/story?id=15324761

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by | January 9, 2012 · 6:13 am

Hospitality Industry Legal Risks: Ten Indiana Hotels Named In "Overtime Lawsuit" Involving Housekeepers And Food Service Staff

 “…to get all the rooms cleaned, she didn’t take lunch breaks or worked past the end of her shift…she estimates she is owed $5,200 for unpaid work over the past two years…”

 “…intends to ask the court to make the lawsuit a class action open to more than 1,000 local hotel employees who worked for Hospitality Staffing during the past three years…”

An attorney representing 14 Indianapolis hourly hotel workers plans to file a lawsuit today alleging their employers failed to pay them for overtime. Ten Indianapolis hotels, including some of the city’s largest, and the staffing company for which the employees worked, Hospitality Staffing Solutions, are named in the prepared complaint. Jeffrey A. Macey, an Indianapolis attorney for the workers, said he plans to file the 24-page document today in U.S. District Court in Indianapolis.

Most of the 14 workers making the allegations were housekeepers or food service staff.

For more:  http://www.indystar.com/article/20120109/LOCAL18/201090328/10-Indianapolis-hotels-named-lawsuit-alleging-workers-weren-t-paid-overtime?odyssey=tab%7Ctopnews%7Ctext%7CIndyStar.com

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by | January 8, 2012 · 7:38 am

Hospitality Industry Guest Health Risks: Indiana Hotel Water Softener Malfunctions Producing "Chlorine-Like Smell" That Sickens Two Guests And Results In Fire Dept Hazardous Materials Teams Being Dispatched

 “… the water softener (which covers the entire building) was malfunctioning due to the high-pitch noise it was making… it was clogged, and instead of pushing its collections out as it’s supposed to do, it was sending them back into the system, producing the odd smell (similar to chlorine)…”

The Indianapolis Fire Department’s Hazardous Materials Team was dispatched to a Far-Southside hotel to investigate a possible chemical spill Saturday after two hotel occupants complained of difficulty breathing.

One person was transported to Community Hospital South, and a hotel worker was checked at the scene.

Rescuers were called to the Holiday Inn Express, 5151 S. East Street, at 2:25 p.m. after a guest told hotel workers there was a smell similar to chlorine coming out of the faucet. Based on that information, the call was upgraded because a chemical spill was suspected.

For more:  http://www.indystar.com/article/20120108/LOCAL/201080373/Hazmat-team-called-check-odor-Holiday-Inn-Express-Far-Southside?odyssey=tab%7Ctopnews%7Ctext%7CIndyStar.com

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by | January 7, 2012 · 8:11 am

Hospitality Industry Legal Risks: Pennsylvania Hotel Owner Settles "Wrongful Death" Lawsuit For Over $250,000 Of Man Who Was Trapped By "Suction Of The Pool Drain"

“…Mr. Williams’ widow… sued the club and its owner, Daniel Griffin, along with Elmhurst Corp., the hotel owner, claiming her husband became trapped in the suction of the pool drain…”

The settlement is confidential and lawyers would not discuss it, although court filings indicate that Mr. Williams’ daughter in Buffalo, N.Y., received $264,000, which represents part of the settlement.

A wrongful death suit against a Downtown hotel and a defunct athletic club involving the drowning of a Penn Hills man in 2009 has been settled for an undisclosed amount. Lorenzo Williams, 38, drowned on April 11, 2009, in the pool at the former Downtown Athletic Club adjacent to the Doubletree City Center.

Ms. Williams said Mr. Griffin, who rented the space for the club from the hotel, was negligent in not making sure the pool was safe by installing a drain cover as required by federal law.

The club closed in May 2009 after its lease expired.

The crux of the case was the Virginia Graeme Baker Pool and Spa Safety Act, a federal law passed in 2007 requiring all pools and spas to have special drain covers to keep children from getting trapped.

The law was created after Virginia Baker, the 8-year-old granddaughter of former Secretary of State James Baker III, drowned in 2002 after being trapped by a hot tub drain.

Read more: http://www.post-gazette.com/pg/12007/1202018-53.stm#ixzz1imyIW57P

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by | January 6, 2012 · 12:09 pm

Hospitality Industry Guest Safety Risks: Small Boy Drowns In A Michigan Hotel Hot Tub; Father Had Left Child In Care Of 14-Year Old

“… a 3-year-old boy, who was with his father and several other children in the pool and hot tub area,  drowned…he was sitting on the ledge of the hot tub, when the father went back up to the room to retrieve something…”

“… a 14-year-old friend of the family was put in charge of watching the children…”

Soon after the father went back to the room, the children decided to get into the pool and lost track of the 3-year-old, according to Southfield Police Lt. Nick Loussia.

“Nobody saw the 3-year-old fall in,” Loussia said. “When the father came back, he saw the kids in the pool, looked in the hot tub and saw the 3-year-old in the hot tub.”

The father pulled the boy out and began performing CPR while hotel staff called 911. Paramedics and police responded to the scene and transported the boy to Beaumont Hospital in Royal Oak, where he was pronounced dead.

For more:  http://www.theoaklandpress.com/articles/2012/01/05/news/local_news/doc4f05e52249ad0488717383.txt

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by | January 5, 2012 · 6:42 am

Hospitality Industry Property Risks: Florida Hotel Fire Possibly Caused By Guest "Manufacturing Drugs"; $35,000 In Property Damage And Contents Loss

“…firefighters suspected that the room could have been used to manufacture drugs. Investigators noted that the occupant was seen “running away with soot and possibly with burns…”

 “Heavy fire was coming from the 4th floor southeast corner” when crews began to arrive at the hotel…

The Office of the State Fire Marshal is investigating to determine what caused a 1:00 a.m. hotel fire that resulted in the evacuation of dozens of guests and racked up an estimated $35,000 in property damage and contents loss during the wee hours of Wednesday morning.

First responders launched an immediate search for victims, evacuated guests on adjoining floors, established a water supply and began to attack the flames.

Once extinguished, crews searched for additional fire above, behind and beside the fire room, Aviles said. “Once the fire was extinguished crews left the scene intact for incoming investigators.” According to the fire report, the major damage was confined to the 4th floor hotel room and did not spread.

Sheriff’s representative Chuck Mulligan told reporters this afternoon that the police may have located the occupant of the room, however, details have not yet been confirmed.

For more:  http://www.historiccity.com/2012/staugustine/news/florida/injuries-reported-ramada-inn-fire-morning-21950

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