Research fees and document requirements before traveling.

Corruption remains a problem among customs and security personnel at some airports. Officials may insist that travelers pay fees or fines for fictitious violations. Some countries have strict requirements for certain documents, including vaccination records, and impose hefty (but legal) fines on travelers who do not have the required documents. If you are familiar with the published duties and fees, you can challenge the request for a fine. Bribes are illegal in every country- always use the term “fine” or “fee” when challenging the request for payment. If officials still insist on an additional fare, comply and pay the fine if the situation isn’t mitigated.

Stay vigilant entering the airport.

In places under constant threat, like Baghdad and Kabul, Afghanistan, security checkpoints begin miles from the terminal and include a myriad of scans, checks, and bomb-sniffing dogs. Following the Brussels airport bombing event, the airport added vehicle screening which occurs about a mile before the airport on the access road. US-based airports currently do not have street-side airport security; travelers can drive up to the terminal and use a convenient curbside bag-check. In this respect, it’s important to be aware of suspicious activity or baggage and report to airport security.

Be flexible.

While the aviation industry has made significant progress towards harmonizing aviation security screening standards across the world, some countries still have different procedures and standards. Travelers should not be alarmed if security procedures differ from those in their home country.

Be aware during bag check.

Have your ID at the ready and know the bag weight limit of the airline you’re flying. If prepared, you’re less likely to feel rushed or lose any belongings. Burglars have been known to hang around airports checking addresses to locate empty homes. It’s a good idea to make sure to hide your luggage tag so that passersby cannot view your home address.

Pack essentials in your carry-on.

To ensure the safekeeping of your electronics, medicine, and any other items that you will need access to during your flight, pack them in your carry-on. Keeping an eye on your carry-on is also important in wait lines. Bring a carry-on or purse that has a zipper to avoid a quick reach-and-grab. It may go without saying, but also never leave luggage unattended- even if someone next to you offers to watch it while you use the restroom.

Prepare for security checkpoints.

Once checked-in and in line for security, a standard rule of thumb is to take out electronics, cameras, and mobile devices and be ready to place them in a separate bin. Some checkpoint requirements are country-specific laws. For example, flights from some countries do not allow people to carry laptops in a carry-on. Other airports instruct the removal of shoes, belts, and anything metal. Know the security requirements of the places you are traveling to and from; you will be able to focus more on what is happening around you.

Move from landside to airside as quickly as possible.

Airside (post-security) areas of airports are less exposed to terrorism and crime than the landside, so travelers should try to get through from the landside to the airside as quickly as possible. Max Leitschuh, Sr. Intelligence Transportation Manager, says that passengers can take several steps to reduce their exposure to the possible threat of terrorist attacks in landside areas of airports. These include:

• Only bring carry-on luggage if possible
• Check in online before arriving at the airport
• Print boarding passes at home or send to a mobile device
• Proceed directly to security checkpoints after arriving at the airport instead of loitering in the landside areas
• Sign up for trusted traveler programs that are available (such as TSA Pre Check)

Passengers can sometimes use security checkpoints at terminals or concourses different from the scheduled flight concourse if they connect to the airside portion of the airport and the lines are shorter.

Be cognizant when you reach your destination.

Long flights, time differences, and travel itself can leave travelers tired. Be sure to take necessary steps to re-energize prior to arriving at your destination. This will allow you to stay alert as you transition from the airplane to the airport. Use peripheral vision to stay aware of your surroundings as you migrate through the airport. Make sure you only use official taxis or transportation that has been booked ahead of time. If staying at a hotel, pre-arrange an airport transfer using the hotel transportation service.

It’s important that travelers purchase insurance before embarking on a trip. Travel insurance covers emergency help if needed.

While New Jersey is the first state to enact such a law, which will go into effect in January 2020, it follows a growing trend in cities throughout the country – particularly in Chicago, Miami, Sacramento, and Seattle – that have seen the passage of ordinances requiring panic devices for certain hotel employees, among other protections. Other cities, such as Las Vegas and New York City, have seen the introduction of panic devices in the wake of union negotiations. The introduction of panic devices will likely go beyond major metropolitan areas, however, as executives at some of the largest hotels have reportedly revealed their plans to provide panic buttons to their employees across the country by 2020.

If you have operations in New Jersey, you need to immediately familiarize yourself with this new law and take compliance steps. And if you don’t have operations in the state or one of the other areas with such a law, you should still be aware of this trend, as it not only presents some concepts for best practices in a hotel setting, but may soon arrive in your own area.

Coverage And Scope

The New Jersey Panic Device Law defines hotel to include not just hotels, but also inns, boarding houses, motels, and other similar establishments that offer and accept payment in exchange for rooms, sleeping accommodations, or board and lodging and that retain rights of access and control over their premises. Regardless of the type of “hotel,” the establishment must also have at least 100 guest rooms in order to be subject to the Panic Device Law. If your business has fewer than 100 guest rooms, compliance with the Panic Device Law is unnecessary.

The Panic Device Law defines an employee as one who performs housekeeping and room service functions on a full or part-time basis at a hotel for, or under the direction of, a hotel employer or any subcontractor of the hotel employer. The law therefore covers and protects hotel employees, contractors, and subcontractors, sweeping them together under an expansive definition of an employee.

The definition of an employer is as broad or broader and includes any person, including corporate officers and executives, who directly, through an agent, or another person (e.g., a staffing agency) employs or exercises control over a hotel employee’s wages, hours, or working conditions. Awareness of and compliance with the Panic Device Law is thus essential by directors, managers, supervisors, and anyone else who may exercise sufficient control over hotel employees.

Provision And Use Of Panic Devices

Employers of covered hotels must provide employees that work in a guest room by themselves with a panic device. Employers are prohibited from charging employees for the panic device and must purchase and furnish them at their expense. The Panic Device Law defines a panic device as a two-way radio or other electronic device that can be used by the employee to call for immediate assistance from a security officer, manager, supervisor, or other appropriate person.

Employees are permitted to use their panic device whenever they believe there is ongoing crime, an immediate threat of assault or harassment, or some other emergency in their presence warranting the use of their panic device. Once used, employees may stop their work and leave the area for safety and assistance.

Employers’ Duties When A Panic Device Is Used

Employers are forbidden from taking adverse action against an employee for using a panic device. After a panic device is used, aside from promptly responding to the call, employers must also:

Note an accusation against a guest to for “violence” – which is broadly defined to include sexual assault, sexual harassment, and other inappropriate conduct – toward an employee and put the guest’s name on a list and retain it for five years from the date of the reported incident, along with details of the accusation.
Report any alleged crime by a guest or other person to law enforcement and cooperate in any investigation by law enforcement.
Reassign the employee who activated the panic device to a different work area away from the accused guest’s room for the duration of the accused guest’s stay.
Notify employees assigned to a guest room where a reported incident has occurred of the presence and location of the accused guest named on the hotel’s list and provide them with the option of servicing the accused guest’s room with a partner or declining to serve the accused guest’s room for the duration of the accused guest’s stay.
If an employer later learns that the accused guest is convicted of a crime as a result of the activation of a panic button, the employer may prohibit the guest from staying at the hotel.

Programs For Employees

Employers must develop and maintain programs to educate employees about the use of panic devices and their rights in the event they use their panic devices. The programs should also encourage employees to use their panic devices. Written information may supplement, but not substitute, training programs for employees.

Information For Guests

Covered hotels must also inform their guests about panic devices in one of two ways. They may either require guests to acknowledge a panic device policy as part of the terms and conditions of checking into a hotel, or they may prominently place a sign on the interior side of guest room doors, in large font, detailing their panic device policy and the rights of their employees.

Collective Bargaining Agreements

The Panic Device Law provides a carveout for collective bargaining agreements. If a collective bargaining agreement addresses the issuance of panic devices to hotel employees or addresses employee safety in guest rooms and the procedures for reporting questionable conduct, the collective bargaining agreement controls and hotel employers are not required to provide panic devices to employees.

Penalties For Noncompliance

Hotel employers who fail to provide panic devices or respond as required when a panic device is activated are subject to fines of $5,000 for the first violation and $10,000 for each subsequent violation. The fines are recoverable by the Commissioner of the New Jersey Department of Labor and Workforce Development.

Next Steps For Employers

Covered hotel employers in New Jersey that are not governed by a collective bargaining agreement should begin taking steps to comply with the Panic Device Law and watch for regulations promulgated by the Commissioner, particularly since the Panic Device Law grants the Commissioner with the authority to develop regulations to facilitate its implementation.

Covered hotel employers should budget for panic devices and obtain a sufficient number of them, develop employee training programs, and update your terms and conditions or create signs for guest rooms regarding their panic device policies. Covered hotel employers should likewise review their handbooks and other policies to ensure cohesion with the Panic Device Law.

Hotel employers outside of New Jersey and cities with similar ordinances should be on the lookout for the adoption of similar panic device measures in their localities—or for their inclusion in collective bargaining agreements, if they are not there already. The more widespread introduction of panic devices seems all the more probable in the #MeToo era.

Background of Eco-activism 

Mainstream climate activist groups like Greenpeace and more-covert groups like the Earth Liberation Front have been active for several decades. Their actions have included raising awareness, staging protests, disrupting fishing industries, and occasionally acts of arson. Climate activists have been generally committed to nonviolence and bottom-up change, especially because their ideas generally are well-accepted by the population and politicians in Western Europe and North America.

Contemporary Activism in Europe

New actors have emerged on the eco-activism scene over the past year in response to the increased visibility of climate change effects and a growing public perception that government responses are inadequate. These activists have, in a very short time frame, secured a large number of followers and brought substantial attention to the threats posed by climate change. Greta Thurnberg, a 16-year-old climate activist from Sweden, who began protesting outside the Swedish parliament in August 2018 to raise awareness on the need for immediate action to combat climate change, has over 2 million followers on Instagram and has attracted worldwide attention. Extinction Rebellion, a climate movement formed in October 2018, already has 250,000 followers on Instagram and has chapters all over the world. In the world of political activism on Instagram, this number of followers is significant, and has also grown rapidly; they have each amassed hundreds of thousands of followers in less than a year. This demonstrates interest among the population in following these types of accounts.

Both Thurnberg and Extinction Rebellion have directly or indirectly contributed to various climate activism actions. Students from across Europe, inspired by Greta, have protested every Friday since August 2018 under the motto “Fridays for Future” and gained traction when they skipped school for a day to take part in large demonstrations calling for action on climate change. Extinction Rebellion has staged disruptive actions in multiple counties, but primarily in the UK. The UK protests include blocking roads during rush hours and a demonstration in front of the Scottish Parliament when some activists chained themselves to street poles. Other, smaller grassroots organizations have undertaken similar actions. Smasscruiseshit, a small group of activists from Germany, used boats to block a large cruise ship in the port of Hamburg, Germany as they demanded curbs on the emissions caused by the cruise industry. Additionally, thousands in Venice protested the environmental damage caused to the Venetian lagoon by cruise ships.

So far, although disruptive, these actions have not caused significant property damage. Most of the actions are advertised on social media, which allows travelers to be warned in time to avoid disruptions. However, with momentum on the side of climate activists, actions are likely to become larger and more disruptive in the long and medium-term. This larger scale of action will likely cause it to be more difficult for travelers and businesses to avoid disruptive actions undertaken by climate activists.

Future of the Movement

Growing participation and frustration with the lack of results that peaceful activism is producing may undermine climate activism’s commitment to non-violence. The central grievance of many climate activist groups, the notion of a climate catastrophe that could result in food shortages, drought, and tens of millions of ecological refugees, has strengthened and encouraged the activists’ perceived need to act attention and more visibility. This resolve could lead eco-activists to undertake more drastic actions such as engage in sabotage, arson, and usage of improvised explosive devices against governments and large corporations, especially corporations that cause significant pollution and or contribute to the perceived climate catastrophe. More radical elements of the climate activism movement would commit to these sorts of attacks to draw more attention and visibility to their cause. Such attacks would become more likely if demands for more climate protection are not met. Travelers should avoid all protests as a routine security precaution and to mitigate associated disruptions. Those in the Europe should follow alerts for demonstrations and activities that might cause disruptions to supply chains. It would also behoove companies to monitor disruptive climate activism events in countries where they have assets.

Start the Conversation
The reality is that many areas of the world still heavily discriminate against the LGBTQ community and criminalize expressions of sexuality. Travel and risk managers do not necessarily need to know the sexual preferences or sexual identities of their travelers to counsel them about the cultural and societal attitudes present at their destinations. Presenting a comprehensive overview in a matter-of-fact manner can side-step the need to pry into a person’s personal life while also setting up an environment conducive to deeper conversations and questions as necessary.

Understand LGBTQ Health Risks
Healthcare options may be especially limited for transgender individuals, who may need specialty medical care at their destination. These individuals may struggle to find needed medications or obtain a refill should they run out. Anti-hormone transition drugs suppress levels of testosterone to allow estrogens to take prominence but may have adverse effects on the heart. LGBTQ individuals may encounter challenges finding medical care and may be dissuaded from providing a complete medical history in areas that present a high threat for LGBTQ patients.

Most countries restrict the amount of medication travelers can enter with according to the length of the stay. In many instances, a maximum of 90 days of prescription medication may cross borders.

For expatriates, having a doctor’s note on letterhead, with the patient’s full name, medication name, dosage, and reason are required for refills and importation of prescription medication to many countries. The reason (diagnosis) may be especially challenging if traveling to a conservative country with a known low tolerance for the LGBTQ community and may present security challenges.

Surgery of any kind increases the risk of blood clots during flight. LGBTQ patients who have recently undergone surgical procedures should ensure adequate time between surgeries and flights. Some hormone therapies (especially estrogens) also place patients at risk for deep venous thromboses (DVT): blood clots that form in the legs and may become life-threatening if the clot or part of the clot travels to the lungs.

In more socially liberal countries, unconscious bias from healthcare workers may lead to substandard care. LGBTQ individuals need to be prepared to encounter these attitudes and be able to advocate for their care and proper treatment. Risk managers and travelers should research cultural tolerances and potential biases to determine if an advanced arrangement with a “preferred” treatment center is necessary.

Key Takeaways
Ensuring the safety of your LGBTQ personnel and students starts with a conversation. Transgender travelers require a duty-of-care policy that helps them prepare for the challenges they may face abroad. Ensuring the safety and health of these unique travelers is a corporate responsibility.

About WorldAware
WorldAware provides intelligence-driven, integrated risk management solutions that enable multinational organizations to operate globally with confidence. WorldAware’s end-to-end tailored solutions, integrated world-class threat intelligence, innovative technology, and response services help organizations mitigate risk and protect their people, assets, and reputations.

SAFETY AND SECURITY
Global Business travelers may enjoy the fact that the hotel provides a complimentary breakfast and reliable Wi-Fi, but what they value most is a better sense of security when they travel on behalf on their organizations, according to a joint survey conducted by American Global Business Travel and the Association for Corporate Travel Executives. Security and safety concerns are growing at a significantly faster rate than worries about other topics including work-life balance issues, traveler-centric technologies and alternative suppliers.

DUTY OF CARE
There is also a growing awareness on the part of organizations in the United States of the legal, moral and ethical obligations they owe their employees under the complex and sometimes vague principles of Duty of Care. Corporate security, travel managers, human resources, and other key stakeholders must understand the notion of Duty of Care in the context of business travel in order to ensure that their companies are making reasonably informed, good faith, rational efforts to protect their employees as they travel.

The elements of a comprehensive traveler safety program that meets Duty of Care best practices will vary among organizations, depending on size, number of traveling employees, destination risk ratings, medical concerns and a variety of other topics. However, there are elements of a successful program that apply to every organization.

BEST PRACTICES
Key stakeholders within the organization must meet on a regularly-scheduled basis to examine existing travel polices to determine if any improvements need to be made. A thorough examination of the plans may reveal vulnerabilities, including resource gaps. In some cases, plans may need to be expanded. Other companies may lack any substantial travel safety procedures, and entirely new plans must be developed. Plans and policies should cover both routine travel and emergency incidents, including accidents, medical emergencies, natural disasters, emergency evacuations, and violent incidents.

The ability to track personnel as they travel is another vital component of the traveler safety program. Many travel management programs rely on multiple third-party Company Managed Travel Providers (CMTP) to book travel and provide situational awareness of employees. A common problem with this system is that it only tells the company where the employee is supposed to be, not where they are. Travelers are often forced to make last-minute changes to their itinerary, and will often book their own travel, without notifying the CMTPs of the changes. Providing the traveler with a GPS-based personnel tracking system may be an option for those companies looking for a more effective way to maintain accountability of their travelers.

A risk assessment should be conducted prior to every trip, regardless of destination. The assessment should not focus solely on the country’s Risk Rating. As attacks in the UK, Belgium, France, Canada and the United States have shown, all countries are susceptible to acts of violence, not just those with a High or Elevated Risk Rating. Additionally, definitively assigning a Risk Rating can be difficult, as risk is largely based on individual perspective and context. Employees should be encouraged to take an active role in the risk assessment and travel planning process so that they fully understand any known or suspected risks associated with their destination. Providing education and training to employees is another critical component of the system.

The purpose of the training program is to develop the employee’s skills and knowledge, so they can perform their duties with minimal or no interruptions because of risk, security or medical-related issues. Providing training to employees empowers them to make informed decisions regarding their personal security and safety, helping keep them safe while adding another layer of liability reduction for the company. Elements of a successful training program include general traveler safety and security information, conflict avoidance and response, emergency planning, and worst-case scenario procedures.

Should all mitigation efforts prove unsuccessful, and a traveler is involved in a critical incident, a comprehensive safety system helps ensure that they are provided with timely support and realistic options that work to minimize harm and distress, provide critical support, and brings the employee home safely. The ability of the organization’s Crisis Management Team to move quickly to provide support such as personnel accountability, crisis notifications, and the activation of emergency response systems such as medical support and evacuation cannot be overstated.

GLOBAL GUARDIAN SERVICES OVERVIEW
MEMBERSHIP OVERVIEW
Global Guardian utilizes a subscription-based pricing model. Clients pay an annual membership fee to have Global Guardian as their designated travel security and duty-of-care provider and to access its 24-hour Operations Center, team of security advisors and intelligence analysts, global tracking and monitoring platform, network of highly-vetted security providers, and comprehensive suite of security, medical, and aviation services. This subscription also includes all of Global Guardian’s non-custom and basic travel intelligence products and emergency incident notifications.

GLOBAL TRACKING AND MONITORING
Global Guardian tracks and precisely locates clients anywhere in the world. The company uses special purpose cellular and satellite tracking beacons and smartphone applications that provide real-time GPS position information for clients, allowing them to call for immediate assistance in the event of an emergency. Linked to an extensive network of highly skilled in-country security teams, Global Guardian’s 24-hour Operations Center monitors clients as they travel and can direct security assets to respond as needed in real-time. Global Guardian also monitors local and regional current events and provides clients with information about their security and safety situation while they travel.

EMERGENCY RESPONSE
Global Guardian maintains emergency security response teams in over 91 countries. These teams are notified to the presence of client travelers in their area and stand by to respond immediately to address client emergencies. All support is coordinated and closely directed by Global Guardian’s 24-hour Operations team to ensure rapid and high-quality response to a wide range of potential situations.

INTELLIGENCE SUPPORT
Global Guardian provides its clients with detailed travel intelligence products, real-time security alerts, and highly customized intelligence and due diligence products in support of any unique information requirement. Non-customized support and security incident alerts are included in the proposed package.

GLOBAL GUARDIAN AIR AMBULANCE – AIR MEDICAL TRANSPORTATION AND REMOTE MEDICAL SUPPORT
Global Guardian Air Ambulance, a division of Global Guardian, provides its clients with best-in-class air medical transportation
membership programs. These programs provide true no-cost air medical transportation to members who are injured or become ill while traveling. Unlike insurance, members have no deductibles or no claims forms, are not subject to complex restrictions for use and choose their US or Canadian destination hospital.

Global Guardian also provides emergency medical support through board certified, US-based emergency physicians that are available around-the-clock to travelers through the Global Guardian Operations Center. These physicians conduct remote diagnosis and ongoing treatment management of travelers’ injuries or illnesses, and direct patients to vetted local medical facilities as needed.

GLOBAL TRANSPORTATION AND SECURITY SERVICES
Global Guardian offers a full range of personnel-based security support to its clients. Such support includes secure transportation, security agents, full-scale executive protection details, and event and facility security management. All services are fully customizable to meet client need and are closely coordinated by Global Guardian’s 24-hour Operations Center at-all-times.

EMERGENCY AND CUSTOM AVIATION
Global Guardian supports its clients with comprehensive customized aviation capabilities. Be it for emergencies or customized specialty aviation needs, Global Guardian’s aviation team can access a wide range of aircraft operating around the globe to ensure the right assets are available when needed.

PHYSICAL, CYBER SECURITY, COUNTER INDUSTRIAL ESPIONAGE ASSESSMENTS, POLICY DEVELOPMENT AND TRAINING
Global Guardian provides detailed physical and cyber security and vulnerability assessments, security and travel safety policy
development, and highly customized training programs for its clients.

Facility assessments are conducted domestically and abroad and are aimed at helping clients identify threats to their employees and operations. Such assessments are often paired with cyber evaluations of client site network security. Following an on-site assessment, Global Guardian prepares comprehensive deliverables detailing its findings and makes recommendations for how best to strengthen the security culture and physical and cyber infrastructure on site. Global Guardian can then assist in implementation of those recommendations.

One of the most common recommendations is the improvement or whole-cloth development of security and travel safety policies in support of a client’s workforce. If requested, Global Guardian’s team will work closely with to determine its objectives in policy work, and craft highly customized products that exactly mirror its requirements and corporate culture.

Lastly, no facility security plan nor safety policy is complete without some measure of training on how that plan and policy are implemented. As with its policy development work, Global Guardian prepares and executes highly customized training programs closely tailored to client objective and culture. Such courses include general travel safety, active shooter preparedness, and policy specific training.

GLOBAL GUARDIAN SENTRY – VIDEO SURVEILLANCE MONITORING
Global Guardian Sentry, a division of Global Guardian provides video monitoring and Virtual Guard services in support of client facilities, operations and residences. Global Guardian’s 24-hour Operations Center is staffed with highly trained surveillance analysts who can assess potential threats and respond in real-time to minimize unauthorized activity at client sites. Specific services include event driven, interactive video monitoring, active threat emergency response monitoring, and virtual guard tours. On request, Global Guardian will conduct no-cost testing of any existing camera systems to ensure compatibility and then provide facility specific service options and pricing.

This article is part of our Conference Materials Library and has a PowerPoint counterpart that can be accessed in the Resource Libary.

HospitalityLawyer.com® provides numerous resources to all sponsors and attendees of The Hospitality Law Conference: Series 2.0 (Houston and Washington D.C.). If you have attended one of our conferences in the last 12 months you can access our Travel Risk Library, Conference Materials Library, ADA Risk Library, Electronic Journal, Rooms Chronicle and more, by creating an account. Our libraries are filled with white papers and presentations by industry leaders, hotel and restaurant experts, and hotel and restaurant lawyers. Click here to create an account or, if you already have an account, click here to login.

The general theme Plaintiff’s lawyers use in these cases is that the Defendant, in an effort to maximize profits, skimped on security measures that would have made the premises safe –i.e. crime free, risk free, covered in bubble wrap with no sharp edges or tripping hazards. To drive up the value of these cases and advance the argument the Defendant was ‘on notice’, Plaintiff’s lawyers rely on the crime statistics for the premises being sued as well as the surrounding community. Police call logs, news articles, social media postings, and the like are used to paint a picture that management was aware of the problem but disregarded the risk to its customers.

Once the groundwork has been laid for the ‘profits over people’ theme, the focus of the case shifts to deterrent measures –security guards, security lights, fences, other barriers, cameras, etc. From a defense perspective, the key is to focus on the word ‘deterrent’. More often than not, the criminal perpetrator, if identified and caught, will have an extensive criminal history. For such a person, the fear of going to prison is no deterrent. By focusing on the history of the criminal, you may be able to demonstrate that he/she has committed crimes despite the presence of ‘appropriate’ deterrent measures. Another factor to focus on is the deterrent measures used by other similarly situated businesses in the community. Again, experience tends to show that most businesses follow the same or similar security protocols.

Another effective tool in rebutting the deterrent argument is to place the local criminal justice system on trial in the civil case. What happens to the criminal Defendants charged with these crimes?Are the local judges tough or too lenient on crime? How effective/proactive is the DA in prosecuting these cases? In other words, do criminal Defendants have anything to fear? Unfortunately the answer is oftentimes ‘No’. Instead of relying on or fixing the system, Plaintiff’s lawyers would have the businesses in the community become fortresses impervious to the realties facing the average taxpayer in the community.

Defending businesses in high crime areas is a challenge. Very rarely does the opportunity to blame the victim arise. In addition to presenting positive evidence of the security measures implemented and associated costs, educating the jury as to the realties present in the community, including uncontrollable obstacles that exist when trying to provide a safe premises, can have a positive effect. At a minimum, it should result in a settlement well below policy limits, which is so often not the outcome in these cases.

Authors

David Eaton
David Eaton is a founding shareholder of the firm and practices in the Nashville, Tennessee office. He practices in Kentucky, Mississippi, North Carolina, and Tennessee and focuses in the areas of long-term care defense and general liability claims. As an advisor to health care providers, David has worked closely with nursing home staffs and personnel in the strategy and development of the defenses of cases prior to and through trials. David received a Bachelor of Arts degree in English from Nicholls State University in 1995 and a Doctor of Jurisprudence from Mississippi College School of Law in 2000.

Michael Phillips
Michael Phillips is a founding shareholder with Hagwood and Tipton and president of the firm’s Executive Committee. Michael oversees staff in both the Jackson, Mississippi, and Hillsborough, North Carolina, offices.A significant portion of Michael’s cases involves the defense of physicians, nurses, hospitals, nursing homes, assisted living facilities and other health care providers. He handles all phases of the litigation process – with a particular emphasis on trial – and has defended claims against nursing homes and assisted living facilities in Mississippi, Tennessee, Alabama and North Carolina. Michael also has extensive experience in the areas of complex defense litigation involving premises security/liability, insurance coverage and general insurance defense.

Keeping the workplace safe from violent incidents requires hospitality employers to be able to identify warning signs and risk factors. But the work starts before that; it starts with the hiring and employee monitoring processes.

Before And After You Hire: Internal Threats Of Violence

Internal threats of workplace violence require separate considerations from external threats. Preventing internal threats of violence generally requires a focus on pre-employment screening, employee monitoring, and effective employee training. Hospitality managers can think about this as occurring in two phases: before the hire and after the hire.

Before You Hire

An important time to begin taking measures to prevent and minimize workplace violence is during the hiring process. Effective pre-employment screening can help you avoid hiring employees with “red-flag” behavior. Some steps that hospitality employers can take to avoid future instances of workplace violence include:

1. Criminal history and background checks. You are permitted to conduct criminal history and background checks for job applicants. While federal law prohibits the use of this information in ways that would discriminate against or disparately affect protected classes (e.g., race and national origin), you can use previous convictions, and sometimes arrests, as a screening tool, on a case-by-case basis, where such convictions may relate to an essential job requirement. With the level of daily customer contact present in the hospitality industry, properly conducted criminal history screenings, particularly where there is a history of violent crime, can work to prevent future incidents of workplace violence. Note, however, that state and local laws often govern the use of background checks by employers, so you should consult with legal counsel on best practices for implementing this screening tool.
2. Social media. There are currently no federal laws that prevent you from monitoring the social media activity of prospective and current employees. Despite valid privacy concerns and the potential for bias, the social media accounts of both potential and current employees can provide a wealth of information for employers. In the hospitality industry, a large majority of the employees are millennials who are often more comfortable portraying their true thoughts through a computer screen. Through these sites, you may possibly learn of the potential violent predispositions that job applicants may have. A job applicant’s social media presence can demonstrate to you whether warning signs like fascination with violence, for instance, are present. This applies equally to current employees.

It is important to note, however, that the use of social medial as a pre-employment screening tool or a monitoring device for current workers comes with a number of potential pitfalls that you must work diligently to avoid. A potential employee’s social media can also alert employers to information such as the employee’s race, religion, gender, disability, sexual orientation, pregnancy status, etc., none of which can be taken account in the decision to hire an applicant. Moreover, a current employee’s social media feed might reveal private information you might not want to know for fear that your knowledge could be used against you in a later discrimination or retaliation claim. Therefore, you should consult with legal counsel before deciding to implement any sort of social media screening.

After You Hire

Because warning signs of future workplace violence are not always apparent before you hire, you must still take steps to monitor their current employees for potential signs. In the stressful environment of the hospitality industry, it does not take much for a simple disagreement between line cooks in the kitchen to turn into knives being pulled against a coworker. A few tips for employers:

1. You should implement and maintain an effective workplace violence plan. This plan will contain outright bans on certain “trigger” behavior such as harassment, fighting, threatening, and bullying—and outline the discipline for such behavior. The plan may also contain a ban on employees carrying weapons on your premises as well. The plan should provide conflict resolution tips and strategies for employees to use to deescalate a stressful situation.
2. You should train employees on how to identify and report “suspicious behavior,” some of which can include a fascination with violence, excessive verbal threats to other employees or against restaurant patrons, substance or alcohol abuse, obvious indicators of mental instability, or a history of poor impulse control or violence. In training employees on how to identify and report suspicious behavior, you should also have an effective procedure for handling employees that have been reported:
   1. First, management needs to take all threats seriously;
   2. Where the reports are of internal conflicts, harassment, or bullying, you need to work quickly to understand the root of the conflict and diffuse it; and
   3. You should discipline as appropriate in order to clearly demonstrate that any such violent behavior will not be tolerated.
3. Employee training should also include training on conflict resolution between other employees in the workplace. Effective conflict resolution training is necessary to aid employees in immediately deescalating situations that may arise in the workplace. Importantly, these skills can also be used when dealing with the public. In training employees on how to effectively manage conflict and deescalate potential acts of violence, you should adopt the following training guidelines:
   1. Where tempers are running high, it is best to separate the employees and give them space to calm down;
   2. It is important to understand what the nature of the conflict is;
   3. Extreme care should be taken not to pass blame or take sides; and
   4. Management should be informed about the situation as soon as practicable.

The high rate of turnover in the hospitality industry presents an added layer of responsibility as it relates to dealing with internal threats of violence, because you must ensure that your new employees are constantly being trained. As such, you should consider implementing both a new-hire training schedule, as well as periodic refresher trainings.

When It Is Out Of Your Control: External Threats Of Violence

Because hospitality employers welcome the public, monitoring external threats of violence is extremely important. It only takes one angry customer or even a random criminal act to result in serious incidents of workplace violence. Some best practice tips:

1. Just like you have a fire evacuation plan, you should also have plans for other emergencies like active shooters, robberies, or other violent workplace incidents. For instance, your staff should know where to go, who is responsible for contacting emergency services, and where the emergency equipment (e.g., first aid kits) are located. A comprehensive workplace plan is a useful tool in making such designations. Ideally, a workplace plan should contain a procedure for employees to follow in the event of an incident of violence and should identify a designated manager or other responsible employee who will coordinate evacuation or other employee safety efforts, and initiate or maintain contact with law enforcement.
2. Many hospitality businesses operate at late hours, so it is important to structure employee shifts in order to avoid employees closing alone or working in isolated areas late into the night.
3. As with internal threats of violence, it is also important to train employees on effective conflict resolution and deescalating incidents between employees and the patrons, or among patrons. While factors such as whether alcohol is served or not may play a role in how extensively employees should be trained, it is advisable to have at least some level of conflict resolution training.
4. Hospitality operations, like other cash-heavy businesses, are also targets for robbers. You need to keep this in mind and train your employees to be cognizant of how they handle cash in front of customers and other members of the public. Employees also need to be trained on who to contact in case of criminal attacks, and how to behave during attempted robberies in order to deescalate the situation.
5. Where financially practicable, you should consider investing in onsite, visible security. This could include visible security cameras but can go as far as security guards. Having such visible security can serve as a major deterrent for both internal and external acts of workplace violence. Even where it is not financially practicable to make such security investments, you should still consider having this kind of visible security on special occasions where the risk of violence may be heightened—e.g., Super Bowl Sunday, St. Patrick’s Day, New Year’s Eve, etc.

Conclusion

It is important to note that some instances of workplace violence cannot be reasonably foreseen or prevented, mostly due to the unpredictability of human nature. While careful background screenings, social media review, and even putting in place effective policies and procedures for times of violent incidents will go a long way to minimize the occurrence and impact of these incidents, they cannot prevent against some of the recent incidents of workplace violence covered by the media. Regardless, you have steps you can take to prevent and minimize the impact of incidents that may be within your control.

Because several legal issues may arise with an employer’s decision to both implement effective pre-employment screening tools and construct workplace violence plans, you should consult with legal counsel as you develop these procedures. If you need assistance with how to implement best practices to combat workplace violence, contact your Fisher Phillips attorney.

For more information, contact the author at CEnekwa@fisherphillips.com or 404.231.1400.

About Fisher Phillips
Employers often must take a stand: in court, with employees and unions, or with competitors. Fisher Phillips has the experience and resolve to back up management. That’s why some of the savviest employers come to the firm to handle their toughest labor and employment cases.Whether it’s a class action involving thousands of potential class members, a jury trial with exposure in the millions, or a union organizing effort or strike that could cripple a company, employers with their choice of employment lawyers choose Fisher Phillips to handle their most difficult and dangerous cases.

Vaccines
Last-minute travel can affect which vaccinations a traveler is given prior to departure. Immunity generally takes two weeks to develop after vaccination, so individuals leaving during that window may not be completely protected from disease. Many travelers will have received standard routine vaccinations such as measles-mumps-rubella vaccine, polio vaccine, varicella vaccine, tetanus-diphtheria-pertussis vaccine, and seasonal influenza. However, if travelers are not completely up to date, the first or additional doses of these vaccines can be administered.

Certain vaccines that are given in multi-dose series can be protective after a single dose, which can be administered to last-minute travelers. Travelers can then complete the recommended series for these vaccinations upon return. Furthermore, some vaccines can be administered on an accelerated schedule and some series can be started before travel and completed after travel. Extended stay travelers or expatriates should receive guidance on clinics at the destination where their vaccination series can be completed. Bear in mind, however, that some vaccines do not have an accepted accelerated vaccination schedule.

The yellow fever vaccine is required by many countries in certain situations and must be administered at least 10 days before arrival at the destination country. Travelers may have to rearrange travel to accommodate this time frame or risk difficulty entering their destination. Further, travelers to the Hajj must obtain a visa that requires proof of meningococcal vaccine at least 10 days prior and less than three years before arriving in Saudi Arabia.

Food and Water Safety
Under the umbrella of basic health precautions, food and water safety are critically important. To avoid the risk of general foodborne illness, travelers should follow routine food hygiene practices. Ensure that food is properly handled and prepared. Wash raw produce before eating. Despite the cultural allure of many local cuisines, consider avoiding raw meat dishes, undercooked or raw fish and shellfish, and unpasteurized dairy products, which frequently harbor bacterial and parasitic pathogens. These precautions become even more important in areas where tap water is generally unsafe for consumption. Additionally, even in areas where water is potable, consider drinking bottled or purified water whenever possible, because travelers often develop diarrhea when exposed to the unfamiliar microorganisms in water from a new location.

Insect Precautions
The most common protection against vector-borne diseases is the use of insect repellents, most of which include DEET. Repellent should be applied to the neck, wrists, and ankles, while avoiding contact with the eyes, nose, and mouth. When applied to the skin, these repellents can last from 15 minutes to 10 hours, depending on the climate, the formulation of repellent used, and the effect of the specific repellent on specific vector species. Effects can be longer-lasting when applied to or impregnated into clothing.

Individuals should consider wearing long sleeved, light-colored shirts and pants to protect against mosquitoes, sandflies, and ticks. In tick-infested areas, pant legs should further be tucked into socks and heavy boots when walking through rural or forested areas. Additionally, clothing, bags, and other belongings should be examined thoroughly for ticks before entering the home, and individuals should bathe and conduct a full-body tick check within two hours of returning home, if possible.

Finally, individuals should avoid places and times when vectors are most active. For example, people can stay indoors during peak biting hours, such as dusk-to-dawn for malaria-carrying mosquitoes. Individuals can avoid walking in wooded areas with tall grass or underbrush where ticks are found and avoid contact with fresh water where schistosomiasis occurs. If such freshwater contact cannot be avoided, authorities recommend that individuals wear protective boots. Because several vector-borne diseases can be transmitted by contact with blood, secretions, organs, or other bodily fluids, individuals in affected areas should practice personal precautions and consider the safety of local blood supplies. Furthermore, in areas where Chagas disease or tick-borne encephalitis are endemic, individuals should avoid potentially contaminated food items.

Travel Health Kit
A medical first aid kit will help with minor injuries and give you a supply of common medications that may be difficult to acquire during travel. Medical kits should be easily accessible. If taking air travel, keep your first aid kit in your carry-on luggage; however, you may need to store sharp components in checked luggage due to security measures. Customize your kit to fit your travel (for example, trekking will pose different needs than visiting a city). Be sure to include supplies such as medications taken on a regular basis, over-the-counter pain relievers, antacids, bandages, antiseptic, cotton swabs, tweezers, scissors, disposable gloves, extra pair of eyeglasses or contacts, saline, sunglasses, thermometer, first aid quick reference card, and addresses and phone numbers of area hospitals or clinics. Additional supplies may be needed for outdoor/adventure travel, traveling with children, or other special cases.

Conclusions
Travelers – particularly those on urgent business – may not have the recommended four to six weeks prior to departure to consult with a travel medicine provider for the best preventative measures. Even with only a short window before leaving, travelers should seek advice from a travel medicine specialist. Travel medicine providers can brief the traveler about risks in the country and possible medications, vaccinations, and other precautions to take while abroad. Prior to departure, expatriates or those on extended-stay should consult medical providers for advice about equivalent medical care. Additionally, basic health precautions, insect precautions, food and water safety, and carrying a travel kit can help protect any traveler from health risks and are even more important for last-minute travelers.

Is an employer liable to an employee who gets injured or injures someone else while using an electric scooter for business purposes?

Aside From Angry Pedestrians, What Could Go Wrong?

According to a recent article in The Washington Post, emergency room physicians in seven cities reported an increase in severe accidents after the devices launched to broad acclaim across the country earlier this year. Denver physicians also reported to The Denver Post that they are seeing increased visits.

Confusion may be part of the problem. As The Denver Post story suggests, the laws for operating e-scooters are not well known. They also vary from location to location. In Denver, for example, e-scooters are classified as “toy vehicles” and are not allowed in bike lanes or in general traffic. In California, e-scooters may not be ridden on sidewalks and must be ridden on the street or in bike lanes.

Some critics question the safety of the devices themselves, saying some fleets are poorly maintained by “a loose-knit flock of amateur mechanics.” Compounding the problem, e-scooters are left outside in all kinds of weather and are vulnerable to abuse by the public.

Moreover, the newness of the devices means operator error is likely. Education is up to the scooter provider and varies from company to company. Some scooter companies provide basic safety information on labels on the scooters themselves. Others provide information on their apps. Review of the app and agreement to certain safety conditions may be required before operating an e-scooter.

Despite these challenges, e-scooters may be around a while. Companies like Uber and Lyft are investing significant sums in this new form of transit. Many people are excited by this option for sustainable and economical car-free commuting. Companies like Google are providing e-scooters to their employees for business use. It is inevitable that employees in cities with the devices will use them on the job.

Legal Risks

Generally, workers’ compensation insurance doesn’t cover injuries sustained by an employee while commuting to a fixed place of employment, but can cover injuries that occur while traveling on work-related business (travel in the course and scope of employment). When employees travel between offices, to and from meetings, or run errands for their employer, it doesn’t matter if they are in a car, on an e-scooter or on foot.

Employers can also be held vicariously liable for accidents and injuries their employees cause others while traveling in the scope of their job. Injured persons may have limited recourse against the e-scooter companies — user agreements limit users to binding arbitration and/or disclaim liability – which may lead some injured persons to look elsewhere for relief.

Is Scooting While Intoxicated A Thing?

As a result of the risks, some employers have already taken steps to protect employees from injuries related to the use of e-scooters, e-bikes and bike-share systems. One approach is to adopt a policy that prohibits e-scooters and bicycles (propelled or otherwise) for business use and clearly states they are barred during working hours. Those who wish to allow their use may find that their existing vehicle-use policies can be extended to the use of such devices.

Provisions to borrow from vehicle use policies may include statements that:

• Employees must know and abide by all applicable laws and regulations;
• Employees are responsible for all citations received;
• Headphones, earphones, and cell phones may not be used during operation;
• Only devices with the required, functioning safety devices (lights, reflectors) may be used on company business;
• Users must have a valid driver’s license;
• Passengers are not allowed; and
• Users are responsible for being in control of the device at all times so as not to endanger the safety of themselves or others

Employers with large campuses may want to identify where such devices may and may not be used and parked.

In instances where local government codes fail to address safety issues (e.g. helmet use, speed limits), employers may address these issues in their policies. For example, a policy might state that the speed of devices shall be limited to a prudent rate for the conditions. A policy could require that helmets—either the employees’ own or helmets provided by the company—must be worn and must meet appropriate safety standards. A general prohibition against participating in any activity that reasonably presents a risk of injury to persons or damage to property while using a device may cover stunts, intoxication and a lot of other ground.

Any policy should be sure to distinguish the proper use of medical devices and devices used by persons with disabilities.

It won’t be long before other new transportation technology is on the scene, including self-driving cars. Employers need to be aware of what technologies their employees are using for business and set reasonable terms for use.

About Fisher Phillips
Employers often must take a stand: in court, with employees and unions, or with competitors. Fisher Phillips has the experience and resolve to back up management. That’s why some of the savviest employers come to the firm to handle their toughest labor and employment cases.Whether it’s a class action involving thousands of potential class members, a jury trial with exposure in the millions, or a union organizing effort or strike that could cripple a company, employers with their choice of employment lawyers choose Fisher Phillips to handle their most difficult and dangerous cases.

Some hoteliers embrace reasonable foreseeability as a mitigation backstop – in other words, “If we don’t perceive or acknowledge a specific threat, we’re not responsible for the fallout.” But times are changing. Threats against hotels have grown and proliferated, and totality of circumstances (aka, “totality of events”) is a real phenomenon – in other words, “there are copious examples of hotel violence, and, therefore, we are on notice.” Hotel attack statistics, which demonstrate totality of circumstances, are critical to mitigate hotel violence via intelligence-driven physical security, well informed liabilities policies, clearly-defined insurance coverage, and safety/security-minded hotel development.

Hotel Violence
The “sky is not falling.” Hotels around the world are not being razed to the ground on a weekly basis. Having said this, hotel violence happens every month, globally. The World Economic Forum’s ͞”Travel and Tourism Competitiveness Report, 2017″ recently asserted, regarding tourism and hotels, that, “geopolitical insecurity is the new normal.” At the same time, STR Global reports that the hotel sector has expanded 17% over the past decade. (“STR: Global hotel inventory has grown 18% in 10 years,” Hotel News Now, 27 March 2018). Combined, these two issues signify increased hotel risk in an uncertain world. More pointedly, hotel attack statistics demonstrate that from 2010-end 2016, there were anywhere between two and 15 hotel attacks every month, globally. These included high, medium, low, and no casualty events.

Who are the belligerents? Statistics tell us that they are terrorists, criminals, political action groups, and people with mental problems. In the US, for example, data says criminals accounted for over half of hotel violence during the 2010-end 2016 timeframe. In contrast, in Asia, terrorists were responsible for most hotel violence, and most of that was Islamist jihadist driven.

Aside from the Mandalay Bay shooting, there have been scores of high-profile hotel attacks in the past few years, including:

• Sousse, Tunisia: 2 hotels, the 5-star Hôtel Imperial Marhaba, and the 3-star Soviva Resort Hôtel, 38 killed, 39 wounded
• Bamako, Mali: the 4-star Radisson Blu hotel, 20 killed, 7 wounded, 170 hostages
• Ouagadougou, Burkina Faso: the 4-star Splendid Hotel, 30 killed, 56 wounded
• Grand-Bassam beach, Ivory Coast: impacted 6 hotels, namely the 3-star L’ Etoile du Sud Hotel, 19 killed, 33 wounded
• Manila, Philippines: active shooter-arsonist-robber, the 5-star Maxims Hotel and the Resorts World Manila casino, 37 killed, 70 injured
• Kabul, Afghanistan: the 3-4 star (est) Inter-Continental Hotelin Kabul, 40 killed, 22 injured

At US hotels in the 2010-end 2016-time frame, there have been several terrorist bombings, multiple protest-riots, numerous shootings (including active shooters), and a throng of instances of explosives brought into hotel rooms – shades of Mandalay Bay. A few examples are:

• Charlotte, NC: Black Lives Matter protest turned riot impacted 7 4-5-star hotels, 1 killed, 32 wounded at/near/around hotels
• New York City: Al Qaeda bombing, New York City, 2 hotels impacted, primarily the 3-star Townhouse Inn of Chelsea, 31 wounded at/near/around the hotel
• Los Angeles, CA: shooting at the 4-star The Standard-Downtown LA, 1 killed, 3 wounded
• Orlando, FL: active shooter, 2 hotels impacted, the 3-star Comfort Inn and Suites Convention Center, and the 4-star Westgate Lakes Resort and Spa, 2 killed, 1 wounded
• Chicago, IL: shooting, 4-star Palmer House Hilton Hotel, 1 wounded

Lawsuits Aside from the human and material costs, hotel violence sometimes results in lawsuits. Below are several examples:

• £ 3 million-pound plaintiff victory (settlement, rough cost estimate, exact amount undisclosed), Will Pike, Taj Mahal Hotel negligence alleged RE: the 2008 Mumbai, India attacks
• Ongoing civil lawsuit against TUI over the Hôtel Imperial Marhaba attack (previous suit RE: negligence over EU “duty of care” did not apply to tourists who voluntarily went on holiday in a dangerous area; interestingly, it can be argued that this was opposite of the impetus behind the Pike lawsuit)
• $200,000 suit for a hotel shooting in Chicago, current status UNK
• $6 million plaintiff victory over a sexual assault at a hotel in Boston
• $8 million plaintiff victory over inadequate crisis management regarding a deadly hotel stabbing in Texas
• $ damages to be determined, plaintiff victory over a physical assault, Humphries Vs. NY-NY Hotel-Casino, Las Vegas

In each lawsuit, the hotels argued that they could not have predicted the specific, violent episode in question was going to happen – reasonable foreseeability – and, therefore, they were not liable. In all but one case, the Taj Mahal, there was no intelligence warning that an attack was forthcoming. Government intelligence had indeed warned of the Mumbai attack, and reportedly, the hotel did little, if anything, to prepare for it, which is one reason the defendants settled the case.

In most other cases, the plaintiffs successfully argued that, in one form or another, the defendants had experienced some type of similar hotel violence in the past – totality of circumstances – and they should have been prepared for it.

The stabbing case in Texas ruled against the hotel for, among other things, its lack of effective crisis response. While not specifically referred to as totality of circumstances, the ruling spoke directly to the hotel’s ill preparedness, which infers it was oblivious to real world hotel violence and how to deal with the consequences.

The Humphries Vs. NY/NY case has caused some lawyers to assert that the hotel industry is facing a shift away from reasonable foreseeability to totality of circumstances.

Craig Drummond, a lawyer in the Humphries case, recently said, “In order to show that a business had knowledge that a future incident would occur, you do not have to show that the exact same incident, like a shooting or a fight, previously occurred. The standard is now that you only need to show a general likeness of prior events that would put the business owner on notice. (“Court ruling could help Las Vegas shooting victims suing MGM,” Las Vegas Review-Journal, 30 April 2018.)

Robert Eglet, a key lawyer in one of the MGM Mandalay Bay lawsuits, echoed this, asserting, “It will be much more difficult for MGM and Mandalay Bay to resolve these cases without going to trial or settling. We can show through the totality of the events at MGM properties around the world that this is something that could happen and was reasonably foreseeable, and they had a duty to provide adequate security and didn’t.͟ (“Court ruling could help Las Vegas shooting victims suing MGM,” Las Vegas Review-Journal, 30 April 2018.)

Hotel attack statistics
Data and case studies on hotel attacks can help hoteliers understand the hotel threat environment – the totality of circumstances – which, in turn, can aid them in developing security, liabilities, insurance, and property development mitigation strategies. For example, if data and case studies reveal that, in the US, the vast majority of hotel violence results from crime, then hotel lawyers and insurers can reduce what might be lopsided reliance on government programs such as the Department of Homeland Security’s SAFETY Act (Support Anti-Terrorism by Fostering Effective Technologies) and TRIPA (the Terrorism Risk Insurance Program Reauthorization Act), and instead develop appropriate physical security tactics, andbuy insurance policies that name criminal violence as specific perils. Similarly, if data trends indicate that terrorism is the impetus behind hotel attacks in Asia, then hoteliers can investigate various countries’ government insurance programs (broadly referred to as Pool Reinsurance, or “Pool RE”) and include them in their mitigation strategies. In another example, bombing trends in Asia – or the rest of the world, for that matter – can help hoteliers undertake appropriate counter terrorism physical security measures where appropriate such as car bomb inspections bays, K-9 inspections, setback, and the like. Overall, data on hotel attacks can help hoteliers become proactive, widen their mitigation options, and energize inhouse decision-making.

Conclusion
Wrapping it all up, while court decisions are never 100% anchored to precedent trends, there is, nonetheless, a pattern demonstrating that hotels cannot consistently depend on reasonable foreseeability as a mitigation strategy for hotel violence. Totality of circumstances has gained traction. And why not? Totality of circumstances helped motivate the US hotel industry in the countrywide offensive against bedbugs that began in earnest in 2016 and is continuing in 2018. Similarly, on 6 September 2018, the American Hotel and Lodging Association held a major conference featuring some of the biggest hotel brands declaring a widespread campaign to protect hotel employees from sexual harassment. Doing the same to mitigate hospitality violence, enabled by hotel attack statistics and case studies, is the next logical – and critical –step.