Hotel & Motel Management - July 7, 2008 - (Page 8) 8 Legally Speaking that finding and declined to dismiss the case. The second suit involved a broken pump on a spa at an Embassy Suites property. Without an operable pump, water in a hot tub does not circulate through the spa’s filtration system. The good news is the hotel posted an out-of-order sign. The bad news is the evidence suggested the sign was the size of a PostIt note. Further, it was placed on the spa’s timer. Along came the plaintiff, ready for a spell in the spa. She saw the sign on the timer, assumed (reasonably) it applied only to the timer and enjoyed a dip. Unfortunately, her relaxing interlude came with a high price. She developed hot tub folliculitis, an infection of hair follicles caused by a species of bacteria that thrives in spas, pools and hot tubs. The infection spread to her lower gastrointestinal tract, resulting in complications and hospitalizations. The jury in the case determined the hotel violated its duty to warn guests of hidden dangers. She was awarded a jury verdict of $150,000, which was upheld on appeal. In fairness to the hotel, employees testified that 8-by-11inch out-of-order signs generated H&MM July 7, 2008 | HotelMotel.com www.HotelMotel.com/digital_edition All accident remedies are not created equal IN THE details Two cases, two problems Clearly post all signs Have a written policy Preserve all evidence By Karen Morris H&MM Columnist by the hotel computer had been posted on the doors leading to the pool and spa area. However, the hotel was unable to produce the signs or locate the electronic file on which the signs supposedly were created. Two problems, two solutions. Might the guests in these cases or virtually every problem that arises at your facility, there are a variety of remedies. Some are better than others. Because the one you choose has an impact on the safety of your guests, the best solution is always, well … the best solution. “Good enough” is too often not. In two recent cases, hotels opted for less than the ideal cure, and the result was a lawsuit and liability. Their experiences are instructive. A Marriott hotel construction project necessitated a planned power outage in one tower of a building. It was scheduled from midnight until 4 a.m. Notices were delivered to guests in the affected rooms several days in advance. On the day of the blackout, guests were provided with two glow sticks wrapped in towels and delivered in a bag placed in the hall outside their rooms. (I don’t make this stuff up.) The plaintiff was a guest in one of the affected rooms. She noticed the bag but forgot about the outage and figured the bag contained only towels. She was in the bathroom when the lights went out and tripped trying to find her way to the bed. The hotel sought summary judgment, a quick dismissal of the case without the need for a trial. This disposition would be appropriate only if the court concluded the hotel definitely was not negligent in its preparations for the outage. The court refused to make F have been spared their injuries? You betcha. A different set of remedies likely would have saved the day (and night). What could the hotel under construction have done differently? Not surprisingly, the attorney for the plaintiff had no shortage of ideas. They included: remove the affected rooms from service for the night in question, provide guests with flashlights, provide each room with a reminder notice on the day of the shutdown via writing or phone, post a reminder sign in the lobby and schedule the blackout during the day. Concerning the finicky filter system, a few moments of thought could have led to a better remedy than Post-It notes. A few suggestions include: posting a large out-of-order sign on the entrance door to the spa and on the tub itself rather than just the timer; barring entrance to the spa with poles and ropes or other devices; and placing a cover over the water in the spa. You could, no doubt, add to the list. A written policy on handling equipment malfunctions and unusual circumstances could go a long way to limit liability in these inevitable occurrences. Such a policy should include prompt notification of a problem to a responsible manager, authorization for the employee who discovers the situation to take prompt corrective action and a requirement to seek management’s approval of the solution without delay. The policy should be incorporated into employee training agendas. The spa case also serves to reinforce a lesson discussed previously in this column: You must remember to always preserve evidence. In a lawsuit, your lifeline is proof. Without it, you sink. The fungus-infected plaintiff would not have fared so well with the jury had the hotel been able to locate the alleged large and strategically located signs. Whenever an incident occurs, do not let the commotion of the moment distract you from identifying and preserving important evidence—be it photographs, signs or, depending on the facts of the case, floor tiles, food samples and the like. For a quick review: When identifying a solution to a facility problem, whether a temporary or permanent fix, if you find yourself saying, “It’s good enough,” it’s not. Do more. Adopt the option best designed to avoid injury to your guests, even though it may entail extra effort or a greater expense. The effort and cost will pale against the expense of a lawsuit. hmm@questex.com Karen Morris is a lawyer, municipal judge and Distinguished Professor at Monroe Community College in Rochester, N.Y., where she teaches hospitality law. Contact her at kmorris222@yahoo.com. News Briefs Microtel Inns & Suites and Hawthorne Suites launched Google Maps API on their Web sites. Features include pop-up balloons that offer pictures and complete details of each hotel. Americas Best Value Inn announced two new programs: free membership fees for one year on any new ABVI construction and a 100-percent return on investment membership fee promise. The 125th Staybridge Suites property opened in Ft. Wayne, Ind. It is the eighth InterContinental Hotels Group property in the Ft. Wayne market. The emerging markets team at Choice Hotels International added 40 new franchisees in 2007, a 15-percent increase over 2006. The new franchisees are comprised of black, Hispanic, Native American and non-traditional hoteliers. Accor North America’s Sofitel Hotels reached an agreement with Community Energy to purchase clean, renewable wind energy in the form of Renewable Energy Certificates for all nine Sofitel locations in the U.S. Choice Hotels International opened 49 franchised properties in May. The openings include hotels in 23 states and four countries, adding more than 4,500 rooms to Choice’s 455,000-plus rooms. Value Place opened its 90th location and plans to open its 100th property this summer. The new opening puts the company on pace to have 150 hotels operating by the end of 2008. Compiled by Stephanie Ricca, sricca@questex.com http://HotelMotel.com http://www.HotelMotel.com/digital_edition
Table of Contents Feed for the Digital Edition of Hotel & Motel Management - July 7, 2008 Hotel & Motel Management - July 7, 2008 Contents Brands Target Eastern Markets New Peer Network Promotes Innovation Noble Makes Moves Despite Slow Market Perspective Legally Speaking On Finance AAHOA Update Satisfaction Trends Trends & Stats HotelWorld Update Guest Column 2008 Purchasing Survey Refrigerators Transportation In-Room Ammenities Revenue Management Ad/Editorial Index Marketplace Classifieds Checking Out Hotel & Motel Management - July 7, 2008 Hotel & Motel Management - July 7, 2008 - Hotel & Motel Management - July 7, 2008 (Page 1) Hotel & Motel Management - July 7, 2008 - Hotel & Motel Management - July 7, 2008 (Page 2) Hotel & Motel Management - July 7, 2008 - Contents (Page 3) Hotel & Motel Management - July 7, 2008 - Noble Makes Moves Despite Slow Market (Page 4) Hotel & Motel Management - July 7, 2008 - Noble Makes Moves Despite Slow Market (Page 5) Hotel & Motel Management - July 7, 2008 - Perspective (Page 6) Hotel & Motel Management - July 7, 2008 - Perspective (Page 7) Hotel & Motel Management - July 7, 2008 - Legally Speaking (Page 8) Hotel & Motel Management - July 7, 2008 - Legally Speaking (Page 9) Hotel & Motel Management - July 7, 2008 - Legally Speaking (Page 10) Hotel & Motel Management - July 7, 2008 - Legally Speaking (Page 11) Hotel & Motel Management - July 7, 2008 - Legally Speaking (Page 12) Hotel & Motel Management - July 7, 2008 - Legally Speaking (Page 13) Hotel & Motel Management - July 7, 2008 - On Finance (Page 14) Hotel & Motel Management - July 7, 2008 - On Finance (Page 15) Hotel & Motel Management - July 7, 2008 - AAHOA Update (Page 16) Hotel & Motel Management - July 7, 2008 - Satisfaction Trends (Page 17) Hotel & Motel Management - July 7, 2008 - Trends & Stats (Page 18) Hotel & Motel Management - July 7, 2008 - HotelWorld Update (Page 19) Hotel & Motel Management - July 7, 2008 - Guest Column (Page 20) Hotel & Motel Management - July 7, 2008 - Guest Column (Page 21) Hotel & Motel Management - July 7, 2008 - Guest Column (Page 22) Hotel & Motel Management - July 7, 2008 - Guest Column (Page 23) Hotel & Motel Management - July 7, 2008 - 2008 Purchasing Survey (Page 24) Hotel & Motel Management - July 7, 2008 - 2008 Purchasing Survey (Page 25) Hotel & Motel Management - July 7, 2008 - 2008 Purchasing Survey (Page 26) Hotel & Motel Management - July 7, 2008 - 2008 Purchasing Survey (Page 27) Hotel & Motel Management - July 7, 2008 - Refrigerators (Page 28) Hotel & Motel Management - July 7, 2008 - Refrigerators (Page 29) Hotel & Motel Management - July 7, 2008 - Transportation (Page 30) Hotel & Motel Management - July 7, 2008 - Transportation (Page 31) Hotel & Motel Management - July 7, 2008 - Transportation (Page 32) Hotel & Motel Management - July 7, 2008 - Transportation (Page 33) Hotel & Motel Management - July 7, 2008 - Transportation (Page 34) Hotel & Motel Management - July 7, 2008 - Transportation (Page 35) Hotel & Motel Management - July 7, 2008 - In-Room Ammenities (Page 36) Hotel & Motel Management - July 7, 2008 - In-Room Ammenities (Page 37) Hotel & Motel Management - July 7, 2008 - In-Room Ammenities (Page 38) Hotel & Motel Management - July 7, 2008 - In-Room Ammenities (Page 39) Hotel & Motel Management - July 7, 2008 - In-Room Ammenities (Page 40) Hotel & Motel Management - July 7, 2008 - In-Room Ammenities (Page 41) Hotel & Motel Management - July 7, 2008 - Revenue Management (Page 42) Hotel & Motel Management - July 7, 2008 - Revenue Management (Page 43) Hotel & Motel Management - July 7, 2008 - Ad/Editorial Index (Page 44) Hotel & Motel Management - July 7, 2008 - Ad/Editorial Index (Page 45) Hotel & Motel Management - July 7, 2008 - Ad/Editorial Index (Page 46) Hotel & Motel Management - July 7, 2008 - Ad/Editorial Index (Page 47) Hotel & Motel Management - July 7, 2008 - Marketplace (Page 48) Hotel & Motel Management - July 7, 2008 - Classifieds (Page 49) Hotel & Motel Management - July 7, 2008 - Classifieds (Page 50) Hotel & Motel Management - July 7, 2008 - Classifieds (Page 51) Hotel & Motel Management - July 7, 2008 - Classifieds (Page 52) Hotel & Motel Management - July 7, 2008 - Classifieds (Page 53) Hotel & Motel Management - July 7, 2008 - Checking Out (Page 54) Hotel & Motel Management - July 7, 2008 - Checking Out (Page 55) Hotel & Motel Management - July 7, 2008 - Checking Out (Page 56)
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