Tag Archives: Lawsuits

by | January 30, 2011 · 12:05 pm

Florida Hotel Threatens "TripAdvisor.com" With Lawsuit Over "Inaccurate Reviews" Of Cleanliness Of Hotel; Website Does Not Perform "Onsite Inspections"

A Volusia County hotel is threatening legal action after a website listed the hotel as one of the dirtiest in the country.

According to state officials the report by TripAdvisor.com paints an inaccurate picture of conditions at The Desert Inn Resort.

The owner Dennis Devlin showed WFTV his hotel which is located on Atlantic Avenue in Daytona Beach. Devlin said he’s furious at the travel website, which advertises reviews from travelers.

“When they put someone on a list you think they’d at least do an onsite inspection to verify what they’re saying is true,” said Devlin.

Some of the reviews said the Desert Inn Resort has roaches; however, the hotel just passed a state inspection which looks for sanitation and safety violations. Devlin claims that a majority of the reviews are bogus. “One person can write two negative reviews a month just by having different email addresses, different IP addresses.”

A spokesperson from TripAdvisor.com told WFTV that the reviews are based on cleanliness ratings from travelers who said they’ve stayed at The Desert Inn Resort.

They said out of hundreds of reviews, 80 percent wouldn’t recommend the hotel. WFTV asked if they check hotel confirmation numbers or receipts to prove its travelers stayed at the hotel. A spokesperson said they don’t ask for that information. Delvin said it’s unfair and that’s why he plans to sue TripAdvisor.com.

For more: http://www.wftv.com/news/26665059/detail.html

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by | December 30, 2010 · 3:59 am

Hospitality Industry Employee Risks: Hotel Owners Should Maintain “Employment Practices Liability” Insurance Coverage For Wrongful Termination, Harassment And Discrimination Suits

EPL insurance policies protect businesses from the financial costs incurred from employment-related lawsuits filed for a range of reasons, from wrongful termination to harassment to discrimination and so on. More than half of claims are filed against small businesses…however, less than two percent of businesses with fewer than 50 employees purchase EPL insurance.

  • A recent Chubb survey found that 36 percent of private company executives understand the gravity of their exposure to EPL suits and 21 percent said they had an experience with an EPL suit in the last five years.
  • While every EPL policy is different, a company with $1 million in sales and 50 employees can likely get a policy for about $7,000 per year—$10,000 if they also take out coverage protecting directors and officers in the event of liability lawsuits against them personally.
  • The leading charge filed in discrimination cases is an allegation of racial discrimination, at 36 percent of cases, according to EEOC figures from 2009. Gender-based discrimination was alleged in 30 percent of cases.
  • Age-based claims made up 24 percent
  • Disabled claims tallied 23 percent.

In many cases, multiple allegations are made. One of the growing charges, according to the EEOC, is retaliation against employees for making discrimination claims, which can involve a job switch that the employee views as a demotion related to the initial claim.

“If you go to your supervisor and say you’ve been harassed by Joe, you can bring that claim to EEOC, but then if they decide to fire you or cut back your hours, that is the retaliation component,” says Tom Hams, Aon Risk Solutions’s EPL practice leader. “That retaliation component can survive much more than the allegation itself.” The employer may win on the allegation of whether or not you were discriminated against, but they may lose a case based on the retaliation claim for moving the complainant to a different job or office setting.

For more:  http://www.inc.com/guides/2010/12/how-to-reduce-employment-liability-claims_pagen_2.html#

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by | December 14, 2010 · 6:36 am

Hotel Industry Employee Risks: Texas Hotel Owners “Failed To Carry Workers’ Comp Insurance And Enforce Safety Procedures” Says Suit Brought By Banquet Service Employee Who Was Injured On Job

On or about August 13, 2009, Plaintiff suffered an injury to her right shoulder area when a co-worker, Banquet Manager, Gus Garza, suddenly and without warning struck her while opening a door which was intended to be an exit door instead of an entrance door as he was using it,” the suit filed Dec. 7 in Jefferson County District Court states.

She claims the defendant companies — HTL Operating doing business as Elegante Hotel and Investment Corporation of America — did not carry workers’ compensation insurance at the time of the incident. As a result, Howard claims she should be entitled to all common-law damages.

A Beaumont woman has filed suit against the owners of a hotel where she claims she was injured while working as a banquet server. Sharon Howard alleges she was performing her duties as a banquet server at MCM Elegante Hotel in Beaumont on Aug. 13, 2009, when she sustained injuries to her shoulder.

Because of the incident, Howard suffered a severe and permanently disabling injury to her right shoulder and has not been able to work, according to the complaint.

She blames the hotel for causing her injury and for the pain and suffering she endured, as well as the medical costs she incurred.

The hotel’s owners negligently failed to enforce proper safety procedure and failed to properly equip doors, according to the complaint.

In her suit, Howard is seeking a judgment in excess of the minimum jurisdictional limits of Jefferson County District Court, plus pre- and post-judgment interest, costs, attorney’s fees and other relief the court deems just.

John Werner of Reaud, Morgan and Quinn in Beaumont will be representing her.

For more:  http://www.setexasrecord.com/news/231951-hotel-server-sues-over-shoulder-injuries

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by | December 13, 2010 · 9:53 am

Hospitality Industry Employee Risks: Denver Hotel Forced To Pay $105,000 To Settle “Sex Discrimination” Suit Filed By “Equal Employment Opportunity Commission” (EEOC)

The suit alleged that the company denied an employee a promotion because of her gender, and “due to its discriminatory and stereotyped assumptions regarding [the worker’s] ability to do the job because of her status as a woman with young children.”

“Making assumptions about a woman’s ability to perform a job which are not grounded in fact, but instead on stereotyped assumptions about her inability to work long hours due to her child care responsibilities, is unlawful discrimination,” said EEOC Regional Attorney Mary Jo O’Neill.

The owner of Denver’s Brown Palace Hotel & Spa has agreed to pay $105,000 to settle a sex-discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission, the EEOC announced Wednesday.

The agency filed the suit on July 20 in U.S. District Court in Denver against Brown Palace owner Denver Hotel Management Co. Inc.

Discrimination based on a woman’s caregiver status is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, the EEOC said.

At the time the suit was filed, Marcel Pitton, the hotel’s managing director, said the agency’s allegations were “unfounded,” and no admission of guilt was announced Wednesday.

“The Brown Palace Hotel is an equal opportunity employer and maintains a workplace free of unlawful discrimination. We are proud of our diverse workforce and the talent of our staff in delivering exceptional hospitality,” Pitton said in a July statement.

According to an EEOC statement, Denver Hotel Management has agreed “to revamp its discrimination policies and conduct training for all of its employees to explain how stereotypes concerning a person’s family responsibilities can constitute illegal sex discrimination.”

Read more: Brown Palace owner settles EEOC suit | Denver Business Journal

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by | October 2, 2010 · 11:18 am

Hospitality Industry Employee Risks: Equal Employment Opportunity Commission (EEOC) Filed A Federal Lawsuit Against Hotel Owners Alleging “Pattern Of Racial Discrimination” In Hiring Hispanics Over Black Applicants

A federal lawsuit filed Thursday by the Equal Employment Opportunity Commission against the owners of an Eastside hotel claims black housekeeping employees were fired after they complained that Hispanic workers were paid more for doing the same work.

The suit, which alleges a pattern of racial discrimination against the hotel’s housekeeping staff and job applicants, also said the black workers were openly told they’d be fired and replaced because Hispanics cleaned better and complained less.

The EEOC filed the suit claiming racial discrimination on behalf of five fired employees of the Hampton Inn, 2311 N. Shadeland Ave., plus a group of black applicants who sought jobs at the hotel.

The EEOC suit also claims the hotel management destroyed employment records sought by the agency going back nearly two years. Incidents in the suit allegedly occurred from September 2008 to June 2009.

The suit seeks back pay and reinstatement for the fired employees, and it seeks unspecified compensation for other blacks denied employment on the basis of their race.

Hotel owners New Indianapolis Hotels LLC and Hement Thacker of Georgia could not be reached for comment. Attorneys in Indianapolis and Georgia, who formerly represented the hotel owner, declined comment.

Though employment records have been destroyed, the EEOC estimated about 30 to 35 applicants sought work at the hotel and may have been denied work based on their race.

For more:  http://www.indystar.com/article/20101001/LOCAL1803/10010388/1003/BUSINESS/EEOC-s-bias-suit-targets-hotel-on-Eastside

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by | August 22, 2010 · 8:17 am

Hotel Industry Fire Risks: Hotel Managment Must Have “Properly Maintained Fire Escapes, Exit Lights, Fire Extinguishers And Smoke Alarms”

“…inspection reports obtained by the newspaper showed the apartments did not have properly maintained fire escapes, exit lights, fire extinguishers or smoke alarms…”

The lawsuit filed by the families of Gerardo Reyes Perez and Humberto Hernandez Vanegas, who both died in the apartment building fire, was dismissed with prejudice, according to online court records. A dismissal with prejudice means the lawsuit cannot be refiled against building owner Corazon Peterson, also known as Corazon Moen, and her insurance companies.

A second wrongful death lawsuit has been dismissed against the owner of the Independence Hotel Tap that burned in February 2009, killing three men. The suit was dismissed after a “minor” settlement.

But the amount of the settlement is unknown. Judge John Damon approved an order to seal documents related to the case, including the settlement paperwork, and Moen as well as attorneys representing both sides of the suit did not respond to calls for comment.

The Hotel Tap building failed its last three fire inspections prior to the blaze that also killed Ronald Stuart Beck Sr. His family also filed a wrongful death suit, which was dismissed in June.

Moen denied the failed inspections when questioned by the Winona Daily News last year, saying smoke alarms and fire extinguishers were in the building at the time of the fire. But inspection reports obtained by the newspaper showed the apartments did not have properly maintained fire escapes, exit lights, fire extinguishers or smoke alarms.

The families of Perez and Vanegas contended in their lawsuit that none of the issues were addressed at the time of the February blaze, saying the building was in “general disrepair.”

The suit specifically cites anguish experienced by Perez’s brother Jose Reyes Perez and sister Blanca Morales. The pair were “at the scene of the blaze at its pinnacle and could only watch as the building burnt uncontrollably, and knowing their brother was inside, unable to escape,” the suit states.

Moen in her answer filed in March acknowledged the failed inspections but said the problems were fixed before the fire.

For more:  http://www.winonadailynews.com/news/local/article_34815248-ada3-11df-bd70-001cc4c002e0.html

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by | August 4, 2010 · 3:25 am

Hospitality Industry Alcohol Sales Liability: Hotel And Restaurant Bar Owners Can Face Huge Damages From Lawsuits Resulting From Drunk Patrons Car Accidents

Make sure you have liquor liability insurance and that there’s plenty of financial space between you and your business.

“These types of cases can put a bar, a grocery store, convenience store, hotel or restaurant out of business and if they’re not careful, the people that are behind the ownership could see their houses or bank accounts put at risk,”

A recent Supreme Court ruling is going to put more pressure on businesses that sell alcohol.

Bars, restaurants, and even convenience stores could face stiffer penalties for selling alcohol to someone who ends up injuring someone else in a car accident.

On Monday, the Supreme Court of South Carolina upheld a 2003 ruling that awarded $10 million to a man who sued a bar after one of its patrons ran into him on a Greenwood highway.

“These types of cases can put a bar, a grocery store, convenience store, hotel or restaurant out of business and if they’re not careful, the people that are behind the ownership could see their houses or bank accounts put at risk,” said Christian Stegmaier, a retail and hospitality specialist at Collins and Lacy in Columbia.

For more:  http://www.live5news.com/Global/story.asp?S=12900444

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by | August 2, 2010 · 7:18 am

Hospitality Industry Health And Safety Risks: Hotel Owners Found Liable For $34 Million Resulting From Carbon Monoxide Leak Injuring 23 Employees At Hotel Restaurant

A Baltimore jury has awarded $34.3 million to 23 employees of an Inner Harbor steakhouse who suffered brain damage as a result of carbon monoxide poisoning.

The plaintiffs worked for the Ruth’s Chris Steak House at the Pier V Hotel. The restaurant was evacuated on Feb. 2, 2008, after employees complained of dizziness and nausea. Carbon monoxide in the air was measured at potentially fatal levels.

Attorney Billy Murphy, who represented the plaintiffs, said Wednesday that the leak went on for weeks before the evacuation and that the hotel had removed a safety device that would have detected the problem.

The lawsuit named the hotel’s operator and owner. Murphy says Ruth’s Chris was not at fault.

Attorneys for the defendants could not immediately be reached for comment.

For more:   http://www.businessweek.com/ap/financialnews/D9H8A21O0.htm

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by | July 26, 2010 · 7:22 am

Hospitality Industry Workers’ Compensation Risks: Hotel Owners Forced To Pay Large Damage Award For “Failing To Provide A Safe Work Place And Not Procuring Workers’ Compensation Insurance” While Paying Undocumented Clerk In Cash

“…forced the owners of a large hotel chain to pay more than one million dollars in damages due to their negligence in failing to provide a safe work place and not procuring Workers’ Compensation insurance. The hotel chain had a practice of paying their employees cash and not providing Workers’ Compensation insurance…”

 In California, an employer can be sued directly by his employee, if the employer failed to obtain Workers’ Compensation insurance. This is true even if the injuries were primarily caused by the negligence or intentional conduct of third parties. McMahon’s client, a foreign citizen, was working without a visa and the owners were aware that he was an undocumented worker.

The client, working as a night clerk, was summoned to a scuffle at a room in the hotel at 2:00am. He was attacked by guests when they were asked to keep the noise to a minimum. The plaintiff was rendered unconscious and spent almost four weeks at a local county medical facility with various broken bones, teeth, and a head injury. The attackers were eventually convicted of attempted murder and are serving lengthy sentences within the California state prison system.

For more:  http://www.onlineprnews.com/news/47075-1279302038-timothy-mcmahon-robert-allard-law-firm-of-corsiglia-mcmahon-allard-selected-as-superlawyers.html

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by | July 23, 2010 · 5:53 am

Hospitality Industry Employees Risks: Hawaiian Hotels Violated State Law When Service Employees Not Given 100% Of Service Charges For Food And Beverage Service

“…The suit, filed by Turtle Bay employees in January 2009, claimed the resort violated a state law enacted in 2000 that requires hotels and restaurants to give 100% of service charges for food or beverage service entirely to employees – unless they tell customers that management’s keeping a portion, the Honolulu Star-Advertiser says…”

Employees of the Turtle Bay Resort on Oahu’s scenic North Shore won a $526,000 settlement  in a lawsuit over tips that had been split among workers and the company without customers knowing.

At least nine similar suits have been filed over the last two years against major Hawaii hotels, Brandee Faria – the Turtle Bay employees’ lawyer – tells the Star-Advertiser. And it’s not only the employees who are hiring lawyers.

Some of the suits were filed on behalf of hotel customers who thought they’d paid tips to staffers – not hotel management.

In a case against the Four Seasons hotels on Maui and the Big Island, the Star-Advertiser says that Hawaii Supreme Court in March ruled that hotel and restaurant employees may sue under the law.

The Turtle Bay settlement covers 130 employees who worked at the hotel between 2005 and 2009; the amount would mean $4,046 per employee if the settlement was shared equally, the story says. Settlement checks were mailed out recently.

For more: http://travel.usatoday.com/hotels/post/2010/07/hawaii-hotel-workers-win-526000-settlement-in-back-tips/100924/1

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