Hotels and motels owe a duty of care to customers. It is the establishment’s responsibility to keep customers and staff safe from negligible harm. This includes things like slip and falls, falling objects, and sexual assault.
Every year, thousands of individuals suffer from acts of sexual assault in hotels, motels, casinos, and resorts across the United States. Victims of sexual violence have a right to seek not only criminal charges against perpetrators but civil claims for monetary compensation against all at fault and liable parties. Sexual assault, including rape and child molestation, can be conducted by hotel guests, guests who enter the property with the consent of the hotel employees, hotel security, cleaning staff, and other employees.
About Us: Our law firm is dedicated to providing legal representation to individuals who have suffered severe harm in hotels and resorts, including acts of sexual violence. Our top-rated team of skilled attorneys with experience in sexual assault cases is here to help victims who require expert legal assistance.
Filing a Negligence Based Lawsuit – Winning Your Case In the Court of Law
There are several elements which need to be proven in order to pursue a negligence-based personal injury lawsuit in the court of law:
- The owner of the establishment owed a duty of care to the person who was sexually assaulted on the property. The first thing to prove is that the property owed a duty of care. An expert attorney will tell you that hotels and motels, under California law, need to provide this duty of care to all patrons under their roof. Generally speaking, the owner of a property does not owe a duty of care to protect others from the acts of a third party unless the actions of the third party were reasonably foreseeable.
- The property owner breached his/her duty of care. When sexual assault occurs, the attorney needs to prove that the property owner broke their duty of care with negligence. Breach of a duty of care can include the failure to provide proper security, inadequate security, allowing non-guests to enter the property, and failure to conduct a proper background check on employees who may have shown signs of prior improper and illegal sexual contact with others.
- The breach of the duty of care was a cause of the incident which took place. That it was because the landowner breached their duty that the sexual assault took place. For example, had the locks been up to date, the perpetrator would not have been able to jimmy the lock. It is the landowner’s duty to assure that the hotel provides a safe zone for everybody.
- The incident which took place resulted in significant harm to the individual who is filing the claim. Any wanted sexual contact constitutes as rape. Rape is ALWAYS harmful.
Proving these four points can be difficult for an individual who is without an experienced attorney. For that reason, we recommend enlisting the services of a qualified attorney who has experience in sexual assault cases.
Recovery Available for Victims of Sexual Assault
Individuals who have suffered harm due to the actions of others are entitled to compensation for all damages incurred. A lawyer experienced in sexual assault cases can try to win the maximum settlement possible under the law. Specific types of harm compensable in such cases include the following:
- All present medical and rehabilitation costs including therapy, medication, and psychological care.
- All future medical and rehabilitation expenses.
- Non-economic damages, including pain and suffering and emotional distress caused by the incident which took place. Victims of rape often experience long-term psychological issues including depression PTSD, and anxiety disorders. Such harms should be compensated for by any and all at fault parties.
- Economic damages incurred, including loss of wages and loss of future income.
- Loss of consortium.
- Punitive damages – generally punitive damage can be awarded where the at-fault party acted with either the intent to cause harm or with reckless disregard for the life and health of others. Punitive damages are hard to win, and only a top attorney with expertise in sexual assault injury lawsuits can secure them for your settlement.
Cost of Legal Representation: One of the greatest fears of potential clients who have suffered harm revolves around the cost of legal representation. Our firm provides legal services to our clients based on a contingency fee basis. This means that our law firm will not charge you any out of pockets fees or costs until and unless your case is successfully litigated and monetary compensation achieved.
Attorney Consultation Available: We understand the difficulty faced by those who have been victimized by acts of sexual violence. We are here to assist you with any legal questions you may have. Feel free to contact our law offices. All legal consultations regarding your claim are provided free of charge by one of our accomplished, experienced lawyers who have experience handling sexual assault claims.
Further Reading
Statute of Limitations to File a Sexual Harassment Lawsuit Against a Hotel/Motel
Hotel and Motel Injury Attorney – Hotel Accident Lawsuit
Sexual Harassment and Assault Lawyer for Security Personnel Attacks in Hotels and Nightclubs
2 Comments
I was sexually assaulted when the maintenance man came into my room while I was sleeping. I was staying at Choice Hotel’s Mainstay in Brentwood/Nashville Tennessee in January 2017. I was staying for a month due to shoulder surgery at Vanderbilt Hospital. I reported to the night manager the following evening. I then repeated to the General Manager the next day and also filed a police report. I had to return for a follow up in June 2017. I was getting a discount as a Vanderbilt patient. When I called to request a reservation, Vanderbilt was told, by the same GM I could not due to the “Incident”. I was the victim, yet was treated like the criminal.But “Yes he no longer works here”.
The hotel made entered the room with a key that overrided the dead bult.
Briefly to describe: She told me to kiss her on the cheek and attempted to pull the covers off of me. I told her to stop. I’m naked under the bed. She persisted. Offered to return later. I demanded she get out.
Called the hotel manager. They comped stay and said this happened once before with her but corporate prevented her from being fired because she’s transgender.
Corporate confirmed on phone she was not supposed to be issued an override key.
This happened in last few hours.