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Hospitality Case Review: The Top 100+ Hospitality Cases That Impacted Us in 2018

Written by Karen Morris, J.D., LL.M. and Diana S. Barber, J.D., CHE, CWP ADA/Standing1. Brito v. Wyndham Hotels and Resorts, LLC, 2018 WL 317464 (D. Colo., 01/08/2018). Plaintiff is a paraplegic and requires the use of a wheelchair to ambulate. While at defendant hotel he encountered multiple violations of the Americans with Disabilities Act (ADA) ...
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The Most Frequent Hospitality Claims

Property ClaimsThe most common types of hotel property claims are: general water damage, sprinkler water damage, hail, wind, and fire. These five causes account for two-thirds of hotel property claims. Fortunately, they are commonly covered by first party property insurance. First party property coverage is for damage to a policyholder’s own property, not for damage ...
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Navigating Insurance Coverage in the Wake of a Natural Disaster

Flood waters eventually recede; fires are extinguished; and earthquake-damaged buildings are shored. It is only then that the financial toll of a natural disaster can begin to be tallied.Natural disasters are expensive. The 2017 California wildfires are estimated to resulted in $180 billion in damages. Hurricanes Harvey and Maria are estimated to have caused $200 ...
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Premises Securities Litigation

This [article] gives a brief overview of how to deal with premises security litigation when it arises on your premises. It addresses case management, investigation and evaluation. Based on these three building blocks, it highlights best litigation planning, budgeting and best resolution plans for security claims. CASE MANAGEMENT Once a complaint is received by your ...
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A Step-By-Step Guide To Terminating Employees For Theft (Part One)

There’s good news for retailers: you are getting better at preventing shrink from employees. In 2005, a University of Florida study found that employee theft accounted for 47 percent of shrink. In a follow-up study in 2016, the university found that the percentage of shrink caused by employee theft was “only” 30 percent. The bad news: ...
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Two Sides of the Hotel Security Equation

Recently, as we were planning and executing two conferences at two different hotels, we encountered such totally different perspectives on conference attendee safety that we wondered if we were in a reality TV show. Here’s a look at how that script might play out: Hotel safety protocols Scene I Exterior: London, England. Upscale major branded ...
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5 Things Businesses Need to Do If They Think They’re About to Be Sued

How prepared are you to handle being sued?  The shock of a lawsuit often catches businesses off guard, leaving them vulnerable to complications that could have been easily avoided.  Having a plan and acting swiftly can go a long way in terms of limiting your exposure, minimizing unnecessary case hiccups and maintaining a healthy morale ...
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Workplace Violence Fatalities Up in 2016

The Bureau of Labor Statistics recently published workplace fatality statistics for 2016 showing a 7-percent increase from 2015.  Within this increase, workplace violence and other injuries by persons or animals increased 23 percent to become the second-most common fatal event in 2016.  This increase represents an additional 163 cases to 866 in 2016.  Workplace homicides ...
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Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory company employees, cleaning crews, security guards, and delivery personnel. Whether you could be liable as a retailer for the conduct of one of ...
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Surf’s Up! Don’t Become The Next Victim Of A Surfing Suit

The past few years have seen a steep increase in litigation brought against hospitality businesses under Title III of the Americans with Disabilities Act (ADA). These suits often contend that certain aspects of a building, bathroom, or parking lot do not comply with the ADA’s detailed standards and regulations. With the goal of creating a ...
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