Dealing With a Silent Killer: The Hospitality Industry and State Legislatures Try to Clear the Air
September 20, 2007
Ying "Geneve" DuBois- Ft Lauderdale
Toxic, colorless and odorless are the characteristics of carbon monoxide (CO) that make it a silent killer. Although deadly, CO has gone unnoticed and largely hidden from the public eye for the last decade, including by the hospitality industry. One may ask, “How can an industry that is known to pay attention to the smallest details of guest satisfaction not deal with this life safety risk?” Compared to other causes, the death rate caused by CO poisoning at hotels, motels and resorts in the last 15 years is exceedingly low. Typically, media attention is focused on tragedies, and without a tragic byline, CO is just another mundane scientific topic. Without the media alerting the public, any talk among the public about CO is just background noise. Hotel guests, rather than being concerned about their safety, focus on the amenity and service aspects of the hotel experience, such as Wi-Fi and flat screens, and the caliber of room service. However, a recent tragedy, which has not only changed society’s attitude towards this silent killer, but has also pushed the Florida legislature to take up the cause. Now, the hospitality industry has no choice but to address this potential danger.
In December 2006, 26-year-old Thomas Lueders died of CO poisoning while vacationing with his father at the Doubletree Grand Key Resort in Key West, Florida (Doubletree). “All it would have taken was a $20 piece of plastic (i.e., a CO detector) and my son would still be alive,” said Thomas’ father in an interview with the Detroit Free Press. With the involvement of a young, innocent victim, CO poisoning has suddenly become a hot topic and headline news. Extensive discussions and studies about CO have been presented by the media. The public has started to question why many hotels and resorts have not installed CO detectors in guest rooms, a seemingly small cost relative to the life safety protection gained. Public attention on the issue has been high due to the general familiarity with CO detectors, which many people have installed in their own homes.
Protect a Hard-Earned Reputation
Some in the hospitality industry may hope that this too shall pass and become yesterday’s news. However, Doubletree had first-hand experience of dealing with the aftermath of the tragic death caused by this silent killer. After Thomas’ death, the Doubletree was closed for over two months; the city of Key West revoked Doubletree’s certificate of occupancy and occupational licenses; and Doubletree faced a number of lawsuits. Doubletree responded by proactively replacing its alarm systems and installing one of the most advanced CO detector systems generally available in the market after the incident, but the damage had already been done. CO not only took a young man’s life, but it had also nearly ruined the reputation of a hotel company that had spent many years serving its guests and building its reputation. No amount of liability insurance coverage can protect against the loss of a hotel’s reputation.
Comply With CO Laws
In just five months after Thomas’ death, Florida passed a bill (Florida Statutes Section 509.211 (5)) which requires public lodging establishments to install one or more CO detectors if a boiler room and a guest room are located in the same area. This Florida law became effective on July 1, 2007. Florida is not the first or the only state to enact legislation in this area – New York, New Jersey, Massachusetts, Connecticut and soon Maryland – have adopted laws similar to Florida’s. Although only a minority of states have imposed a specific requirement on the hospitality industry, with the increasing visibility and publicity of the CO risks, it is expected that more states will join Florida in the near future.
Avoid Unfriendly Courtrooms
Even if state legislatures choose not to impose such a mandate, the hospitality industry still cannot afford to ignore the danger of CO. The courtroom is always a popular venue for the victims of CO poisoning to seek relief. However, the courtroom will never provide a friendly forum for the hospitality industry to explain why, under the backdrop of tragic circumstances, CO detectors were not installed. In previous lawsuits, jurors were presented with pictures of victims and testimony from experts of how a $20 to $50 device could have prevented injury or loss of life. It’s no wonder that jury verdicts in these cases have averaged $4.8 million, with a range of $1 million to $17.5 million.
Whether it is to comply with the law, to avoid lawsuits, or for guest satisfaction, the hospitality industry is becoming more proactive in protecting its guests from harm by CO. Even if it is just for the sake of protecting one’s reputation, it is worth the time and effort to combat this silent killer. As Benjamin Franklin said, “It takes many good deeds to build a reputation, and only one bad one to lose it.”
For more information, email Geneve DuBois at geneve.dubois@hklaw.com or call toll free, 1-888-688-8500.