Hospitality, Tourism & Leisure
A Deloitte & Touche report predicts continued growth in the leisure and hospitality sector. This industry includes hotels, casinos, sporting events, recreational activities, cruises, and more. Businesses involved with this industry face various legal issues when selling their products and providing their services.
ISSUES RELATED TO THE LEISURE AND HOSPITALITY INDUSTRY
The leisure and hospitality industry covers a wide range of products and services. The following list is a sampling of potential legal issues and challenges:
Products liability claims - Active sports and recreation – from skiing, ball sports, trekking, cycling, to hunting and shooting sports – necessarily entail some risk of injury. Businesses in this industry, ironically, those who make products aimed at attempting to mitigate sports and recreation injuries especially so, face lawsuits from spectators and participants when inevitable injuries occur. We have defended makers of helmets, pads, eye protection, bicycles and components, playground equipment, fitness equipment, firearms, bats, and off-road vehicles, by demonstrating that the product, while unable to eliminate all risks inherent in recreational activities, incorporates a reasonable design taking into account its intended uses and users.
Premises liability claims - Fitness centers, gyms, pools, resorts and sporting event sites such as ski slopes, stadiums, golf courses, playing fields, and other hospitality premises bring together spectators, guests and participants who may be injured by objects or people on the field of play or off it. Premises liability claims inevitably follow. Defenses turn on demonstrating the reasonable efforts made to maintain a reasonable degree of safety commensurate with the inherent risks of the activity, shifting responsibility to those who bear it under contracting or the law, and examining the role the claimant or others may have played in causing the injury.
Insurance and risk transfer - Leisure and hospitality businesses may be required to or should carry certain insurance, but navigating the overlay of contractual risk-allocation, applicable insurance policies, and public policy overlays can be complicated without experienced counsel to guide and enforce risk-shifting. Promoters, leagues or associations, and the site owners, managers and maintainers may all face claims when injuries occur.
Soft IP - Any good business idea, logo, or sales pitch needs intellectual property protection. through trademarks, copyrights, and licensing. Businesses also need a strong defense if they’re accused of violating a competitor’s intellectual property and a strong offense when others invade their protected IP rights.
Employment - Companies in the leisure and hospitality industry often have many employees, often shorter term, with limited training. Those companies need to understand labor laws such as overtime, retaliation, and proper working conditions. Likewise, when a company is accused of violating labor laws, it needs a strong defense to protect its rights.
If you’re involved in the leisure and hospitality industry, contact a lawyer who’s knowledgeable in the field. Speak with the lawyers at Littleton Park Joyce Ughetta & Kelly LLP.