Staying at a hotel or motel should be a safe, comforting, and relaxing experience. You would expect hotels to provide you and your family security, shelter, and safety while spending the holidays, traveling for work, or just relaxing on a weekend getaway.
The last thing you need to consider while staying at a hotel is the safety of yourself and the ones you love.
According to Lipcon, Margulies & Winkleman, P.A., hotels or resorts have a legal duty to take security precautions that minimize or lower the risk of hotel sexual assault. Unfortunately, thousands of people suffer acts of sexual assault in motels and hotels annually across the USA.
Sexual assault, such as rape, could be conducted by hotel guests who enter the property with the consent of hotel security, hotel employees, cleaning staff, or other employees. Suppose you were the victim of sexual violence.
In that case, you have the right to seek criminal charges against those responsible and civil claims for compensation against all the liable parties.
What Is the Responsibility of Hotel Security?
Hotels have a responsibility to ensure guests and visitors are reasonably safe. That means they must keep walkways clear and well-monitored to protect people from violent attacks.
Hotels can fulfill these duties in various ways, such as having security cameras (especially in staircases and hallways), a security guard, or a team of security guards to reduce the possibility of physical violence.
Hotels can be negligent in many ways and could be held accountable for any crime that occurs on the property.
However, some cases can be easier to prove than others. Still, a case of premises liability exists as long as it can be determined that the hotel had a duty of care, and its failure to live up to it contributed to the incident.
Some of the most common cases where resorts or hotels can be found liable include rape, sexual abuse, assault and battery, sexual assault, and shootings. If a loved one died in such an incident, you could file a premises liability claim against the negligent hotel.
If you or a loved one were the victims of rape or sexual assault in a hotel, getting in touch with an attorney can help you put your case together. Plus, an attorney will know the strategies hotels typically use to defend themselves.
Consulting with a hotel rape and sexual assault attorney can provide you peace of mind and confidence as you look toward the future.
How to File a Negligence-Based Lawsuit?
Four elements must be proven to guarantee your success in pursuing a negligence-based lawsuit.
#1. The Hotel’s Owner Owed a Duty of Care
If you were sexually assaulted in a hotel, you first need to prove that the hotel’s owner owed you a duty of care. However, the property’s owner does not owe a duty of care to protect you from the actions of a third party unless the acts of the third party were reasonably foreseeable.
At this stage, having a hotel rape and sexual assault lawyer to represent you could change the outcome of your case and prove that the establishment’s owner owed you a duty of care.
#2. The Hotel’s Owner Breached Their Duty of Care
In the event of a hotel sexual assault, a hotel rape attorney must prove that the owner failed their duty of care. Breach of a duty of care might include inadequate security, failure to conduct a proper background check on employees, or allowing non-guests to enter the property.
#3. The Breach of the Duty of Care Led to the Sexual Assault
At this stage, you must prove that because the hotel’s owner breached their duty, the sexual assault took place. For example, if the locks had been more secure, the sexual offender would not have been able to break into a room.
That means that it was the owner’s duty to ensure that the hotel provided a safe zone for everybody.
#4. The Sexual Assault Resulted in Considerable Harm
Any unwanted sexual contact constitutes rape, and it is always harmful. However, proving these four elements of your claim can be challenging without having a skilled hotel rape and sexual assault lawyer to help you.
What Compensation Are You Entitled to as a Victim of Sexual Assault?
If you have suffered harm due to the actions of another, you are entitled to seek compensation for your injuries and losses. Some specific types of damages compensable in rape and sexual assault cases include the following:
- Medical and rehabilitation expenses, including medication, therapy, and psychological care
- Future medical and rehabilitation expenses
- Economic damages, including lost income or future earning capacity
- Non-economic damages, including emotional distress, pain, and suffering. A rape victim may experience long-term psychological conditions, including anxiety disorders, depression, or PTSD. Such harm must be compensated for by the at-fault parties.
- Loss of consortium
- Punitive damages
Why Hire an Attorney for Your Hotel Rape, Sexual Harassment, or Assault Claim?
Sexual violence is a serious matter, and an attack in your hotel room due to negligent security should be appropriately handled by holding the hotel’s owner liable for their negligence and lapses in hotel security.
Filing a civil claim against the offender, the hotel owner, or another party for hotel rape or sexual assault can offer you and your family closure, justice, and peace of mind. A hotel rape and sexual assault lawyer will help you file a lawsuit against the hotel.
In addition, it could help your future financial stability by providing you compensation for your damages. It does not matter if you have experienced sexual assault by a hotel guest or employee; you have the right to seek compensation no matter who committed the offense.