Sexual assault can happen anywhere, including hotels, motels, and other lodgings that are rented for brief or long stays. Assault and battery incidents are actually very common at hotels, even high end properties where you wouldn’t expect to become the victim of a crime.
Most of these incidents are due to security issues, like poor lighting and not enough cameras on the property. In other cases, you have examples of negligence that are simply unacceptable, like a hotel clerk giving someone a key without checking the person’s ID and making sure that the person in that room was expecting a visitor. Other acts of negligence that can put guests in danger at a hotel include:
- Leaving doors and gates unlocked on the premises
- Failing to check security cameras to make sure they’re working
- Not taking guest complaints seriously about loiters and other suspicious / disruptive individuals
- Not contacting police of a criminal incident (or allegations of a crime)
We want to make sure that you and others who were victimized in these incidents receive justice for the harm you suffered. Contact our team of hotel sexual assault lawyers and learn how you can file a lawsuit against the owner of the property.
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Can I Sue a Hotel for Lack of Security?
Yes, you have the right to sue a hotel for lack of security and other negligent conditions that caused you to be sexually assaulted on the property. Owners of hotels and other properties have a legal duty to create a safe environment for guest and visitors. If they fail to take reasonable care, like not having enough security on the premises, they are liable for an assault against one of their guests.
While it sounds simple enough, suing a hotel for negligence that leads to sexual assault is incredibly complicated. It’s in your best interest to hire a law firm with experience in sexual assault investigations, who can help you obtain evidence and build a strong case against the business owner. By working with one of our attorneys, you can succeed in a premises liability lawsuit against a hotel that breached its duty of care to you and others on the property.
California’s Hotel Liability for Sex Trafficking Laws
Sex trafficking is a horrific crime that occurs on a daily basis in our country, and many of the victims are teens who are tricked or coerced into sexual activity by someone who pretends to care about them. Most of these victims are kept in rental lodgings, like motel rooms, for months or years at a time and sexually assaulted countless times by total strangers.
On January 1, 2023, Assembly Bill 1788 went into effect, which makes hotel owners liable if they or their supervisory employees fail to report incidents, allegations, or suspicion of sex trafficking. By supervisory employees, we are talking about people like managers, who are in a position of authority over other staff members. So, employees like maids and clerks are exempt from this rule. The only exception is if the employee received direct benefits for participating in the activity or knowingly helping the traffickers in some way.
Hotels that violate the mandatory reporting law for sex trafficking can be charged with civil penalties for up to $10,000 per violation. Victims of trafficking at the hotel or their family members also have the right to sue the business for emotional distress, pain and suffering, and other monetary damages.
Sexual Assault Lawsuit Average Case Values
The amount of compensation for a hotel or motel sexual assault lawsuit is normally 6 to 7 figures, with some cases resulting in verdicts of $10,000,000 or more. But these are quite rare, so the focus is generally on 6 to 7 figure payments, perhaps in the range of $400,000 to $2,500,000. As for how much you can receive, this is based on various factors that are specific to your incident, the injuries that resulted, and how they have affected your life. Keep in mind that emotional trauma and mental health issues play a critical role in settlement amounts for a sexual assault lawsuit. No matter the circumstance, discussing your case with a sexual abuse lawyer is the best way to maximize your payment from a lawsuit for sexual assault.
How Long Do Hotel Sexual Assault Claims Take to Settle?
Settling a lawsuit for sexual assault at hotels and motels takes 1 to 2 years on average, but this is not a guarantee of how long it will to take to resolve your case. However, we would say that these cases take longer than most other personal injury claims, which are often settled within 6 to 12 months. Settlement timelines are affected by many factors, including how long ago the event occurred, the extent of injuries to the victim (emotional and physical), and the act of negligence or misconduct by hotel owners / staff. Knowing the details of your case will give us a better idea of how long it may take to reach a settlement. To speak with a hotel sexual assault lawyer, contact our law firm.
Statute of Limitations to Sue a Hotel for Sexual Assault
As an adult victim of sexual assault at a motel or hotel, you are allowed 10 years under California law if you wish to file a lawsuit. Those who were minors at the time (below 18 years of age) can file a lawsuit up to 22 years from when they turn 18, so that effectively gives child sex abuse victims until their 40th birthday to seek monetary damages.
Please note that the statute of limitations for sexual assault is not a black and white issue, depending on your personal circumstances. This is particularly true for minors who were sexually assaulted at a hotel if they qualify for an extension under the discovery rule. As you can, figuring out the time limit for a sexual assault claim can be complicated, which is why you should give us a call as soon as possible.
Contact Normandie Law Firm
Sexual assault is a traumatizing experience that no one should have to go through. Hotel and motel owners who fail to secure their premises or look the other way when there is illegal activity cannot go unpunished. Our goal is to hold these owners accountable while ensuring that victims receive compensation for their harm and suffering.
If you decide we are the right firm to represent you, we will take your case on contingency and offer you a Zero Fee Guarantee. Simply put, the cost of legal representation is paid by the defendant as part of the settlement you receive at the end of your case. This is our only form of payment, so if we don’t win your case, you owe us $0, guaranteed.
Contact us today and talk to a sexual assault lawyer during a free case evaluation.
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