Bed Bug Powerpoint 6.14.11
Transcript of Bed Bug Powerpoint 6.14.11
YES!!!
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WHY?
Economic Damages
• Damages to clothing, luggage
• Medical expenses
• Lost wages
• The costs paid to stay in the room
• Cost to treat house if bedbugs are carried home
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WHY?
Non-Economic Damages
• Pain & Suffering
• Annoyance & Inconvenience
• Loss of Consortium
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WHY?
Punitive Damages
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Damages flowing from actual harm – Low Value
Purpose of punitive damages –
Punish and deter or change conduct
Courts use punitive damage awards to effect change when they believe corporations or industries are ignoring problems –
Design flaws, predatory practices, etc.
WHY?
Negative Press
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Bed Bugs are a hot topic in the press
Local lawsuits can generate
national press
Hard to locate jurors who have not
heard of this problem
WHY?
The Internet
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A Google search of “bed bug litigation” returns 196,000 results
www.bedbugregistry.com
No control over content
No way to easily have content removed
Helps plaintiff’s lawyers find “similarly situated” people
WHY?
Cost of Defending Litigation• Attorneys’ Fees
• Expert Costs
• Lack of Insurance Coverage
• Disruption of Operations
• Loss of Business
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WHY?
Jury Trials
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Plaintiff’s Exhibit 1
WHY?
Jury Trials
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Plaintiff’s Exhibit 2
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Legal Theories of Liability
Breach of Contract
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Legal Theories of Liability
This is
what
they
paid to
get
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Legal Theories of Liability
This is
what
they
got
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Legal Theories of Liability
Can a hotel contract away its
exposure for bed bugs?
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Legal Theories of Liability
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Liability Scenario Number One
Bill manages a hotel in Baltimore. He’s heard about the resurgence of bed bugs, but thinks he runs a clean place and isn’t worried about a problem that only affects “dirty hotels.” Bill hasn’t trained his staff to look for evidence of bed bugs and doesn’t conduct inspections. A guest in room 425 was bitten 15 times last night. Is Bill liable?
Legal Theories of Liability
Negligence
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• Duty to Keep Rooms in Safe and Healthful Condition
• Duty to Prevent Harm to Guests
• Duty to inspect for possible hazards—constructive notice
Legal Theories of Liability
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Liability Scenario Number Two
John owns a hotel in Washington, D.C. Last week, some crazy old guy was in the lobby yelling at the desk clerk about bed bugs in his room and showed the clerk the bites on his arm. John thought it looked like the guest had been bitten by a mosquito and ignored him. John rented the same room to a guest the following day and the guest now has 50 bed bug bites on his body. Is John liable? Could John be exposed to punitive damages?
Legal Theories of Liability
Gross Negligence
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• Duty to Fully Investigate Reports of Bed Begs—includes surrounding rooms
• Duty Not to Rent Rooms Known or Suspected to be Infested
Legal Theories of Liability
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Liability Scenario Number Three
Karen saw a couple of bedbugs in Room 12 last week, but the Red Sox are in town to play the Orioles and rooms are in high demand. She rented the room to Nate, who is now in the lobby yelling about finding a “wicked nasty” bug crawling on his arm. Nate was not bitten by the bedbug. Is Karen liable?
Legal Theories of Liability
Battery
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• Any “unwelcome or offensive” touching
• Guest must also show that bed bugs were in contact with his or her body
• Actual harm not necessary
Legal Theories of Liability
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Liability Scenario Number Four
Rebecca regularly travels for work and knows about the bed bug resurgence. She asks Phil, the hotel manager, if the room she is going to stay in has been inspected for bed bugs. Phil tells her it was inspected and is clean, but Phil knows a housekeeper just told him that she saw bed bug stains on the sheets in Rebecca’s room. Rebecca is bitten 25 times that night. Is Phil liable? Could Phil be exposed to punitive damages?
Legal Theories of Liability
Fraudulent Concealment
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• Intentional concealment of a material fact with the intent to defraud
• Had guest known of true bed bug situation, would not have rented room
Legal Theories of Liability
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Liability Scenario Number Five
Katie manages a hotel and needs to hire a housekeeper to work on floors 5 through 8. Katie asks the applicant if she can identify bed bugs or evidence that bed bugs are in a room. The applicant says she has never seen a bed bug. Katie hires her and never provides any training about bed bugs. A guest on the 6th floor was bitten 50 times by bed bugs last night and there are old bed bug stains all over the mattress in that room. Is Katie liable?
Legal Theories of Liability
Violation of Statute
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“It shall be the duty of any person
owning or operating a hotel to
exercise due care and diligence in
providing honest and competent
employees and to take reasonable
precautions to protect the persons and
property of the guests of the hotel.”
Legal Theories of Liability
Other Theories
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• Intentional Infliction of Emotional Distress
• Violation of 8th Amendment Right to be Free From Cruel and Unusual Punishments
Avoiding Liability
Strategies
to Minimize
Risk
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Avoiding Liability
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Inspect, Inspect, Inspect…
Proactive, regular inspection of all rooms—avoids constructive notice
arguments—“you should have known”
Create a written inspection protocol and document inspections—checklist
approach
Consider having professionals inspect your property on a regular basis
Avoiding Liability
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Respond to Guest ConcernsPolite, immediate response
Inspect new room before moving guest into it
If no room available, assist in finding another hotel
Even if you do not think the complaint is credible, do not rent the room again until it is inspected.
Record as much information as possible and document your response in detail.
Avoiding Liability
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Resolve Infestations Completely
Document all steps taken to eradicate actual infestations
Consider a full-facility inspection if an infestation is discovered, but at a minimum inspect surrounding rooms
Avoiding Liability
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Resolve Infestations Completely
Use professionals with appropriate experience that you would feel comfortable calling as witnesses in court
Under no circumstances rent a room that has a known infestation—biggest source of risk
Employee Training
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Front Line Employee Training
Front-line employees: front desk, housekeeping, maintenance
These employees must be trained to handle bed bug complaints, bed bug detection, and media inquiries
Employee Training
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Front Line Employee Training
• Immediately inform management of any complaints
• Sympathize with guests and take any and all steps to accommodate them, but avoid admissions
• Immediately quarantine the room and ensure that it is not offered to another guest under any circumstances
Employee Training
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Employees should invite a guest with a bed bug complaint to a back office or private area so the matter can be discussed away from other guests
Employee Training
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Management Response to Complaints
• Ensure that potentially infested rooms are quarantined and not rented until inspected or treated
• Arrange for appropriate inspection, treatment, and follow up of potentially affected rooms
• Prepare written reports documenting all actions
Employee Training
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Proactive Management Steps
Consider a Response Management and Prevention Plan
Train new employees in bed bug policies and procedures
Establish good relationships with inspection and treatment professionals
Employment Scenarios
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Scenario One: I’m Not Going in There
Sarah has been working for your company for ten years as a housekeeper. She learns that a guest told the front desk that there are bedbugs in Room 811. Sarah refuses to clean any room on the 8th floor, which is part of her regular assignment. Can you discipline Sarah?
Employment Scenarios
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Scenario One: I’m Not Going in There
• After receiving a bed bug complaint, no employee should be sent into a room until it has been inspected and/or treated
• If the room has been treated and no bed bugs are present, management should sit down with Sarah and discuss the steps the Company took to address the problem
• If Sarah continues to refuse to perform her duties, discipline may be appropriate
Employment Scenarios
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Scenario Two: Bitten in the line of duty
Justin tells you that after he finished installing a new light fixture above the bed in Room 121, he noticed ten bug bites on his ankle. An inspection of the room reveals a bed bug infestation. Justin goes to the doctor and gets a shot to numb his ankle so the itching stops and calls out sick for 4 days. What do you do?
Employment Scenarios
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Scenario Two: Bitten in the line of duty
• Fill out OSHA 300 log if employee requires more than first aid
• Workers’ Compensation First Report of Injury Form
Employment Scenarios
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Scenario Three: Problems at Home
Jack is a night clerk at your hotel. Other employees have noticed small bugs crawling on Jack’s collar and the back of his shirt. You ask Jack about the bugs and he informs you that his apartment is infested and the landlord won’t do anything about it. What do you do?
Employment Scenarios
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Scenario Three: Problems at Home
Jack represents a threat to your business and your facility
Jack also represents a distraction for other employees
Remember: Having bedbugs on your person is not a characteristic protected by law and you have a duty to keep
bed bugs out of your facility
Options: Termination, suspension
It’s Going to Be OK
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With appropriate inspection, documentation, and employee training, these claims can be defended successfully