How Negligence at Hotels Can Lead to Assaults

When an individual stays at a hotel, they expect a comfortable bed and overall pleasant surroundings — not an assault. However, hotel assaults are a growing concern, as statistics show they are on the rise, particularly at extended stay hotels across the country. Physical assaults are the second most common crimes committed at hotels trailing behind burglary and theft.

We expect that during modern times, hotels will have adequate security staff to ensure the safety of their guests, along with security protocols that staff members follow. With appropriate hotel security, the risks of violent and criminal acts on guests should be zero. Still, sexual assaults, rape, battery, and robbery occur.

Criminal activity isn't just limited to inside guest rooms. Hotel assaults can happen anywhere on the hotel grounds, like the parking lot, laundry facilities, exercise rooms, pools, spa and wellness facilities, and onsite dining areas.

What Makes an Assault More Likely to Occur at a Hotel?

There are many indicators that a hotel may not be as safe as it should be, such as:

• A lack of security cameras in and around the hotel property
• A high level of prostitution activity in the hotel
• Insufficient lighting, especially outside the hotel and in the parking lot
• A lack of security staff patrolling the property
• Inattention to transient individuals that may frequent the property without hotel staff intervention
• Inattention by hotel staff who fail to check if visitors are legitimately on the property and do not pose a threat

Hotel Crime Statistics

Hotels are generally considered safe when compared to the millions of people who use them regularly. However, more serious crimes like rape and murder tend to occur in hotels that cost less versus high-end hotels. This is likely due to insufficient investment in security. Higher-end hotels usually take measures to ensure guests are safe. Still, whether an assault happens at a low-end or high-end hotel, the property owners may be held liable if they are found to be negligent in providing adequate security.

Why Are Women Targets for Hotel Assaults?

Women traveling alone for business and pleasure has increased tremendously in the last 20 years, which unfortunately means they may be targeted for assault. The National Crime Victimization Survey reports hotels as the location of 0.3 percent of violent assaults every year. However, that could mean that 7,840 sexual assaults happen yearly at these locations.

Staying at a hotel should be an enjoyable, safe, and relaxing experience. Hotel owners should be accountable for keeping guests reasonably safe from harm. When they fail to do so, they can be held liable for injuries resulting from their negligence. Safety protocols should be strictly followed to prevent people with bad intent from accessing other people's hotel rooms.

In 2014, a woman was traveling alone for work and was sexually assaulted in the middle of the night by a man that was given a key to her room by hotel staff without providing any identification. The man had been targeting her for a few days and was a regular guest at the hotel. The woman said she got a call from this person the night of the attack asking if she wanted to "hang out," she said no and asked how he got her number. He responded, "I have friends." At this point, she wasn't worried because she had the security bolt engaged on her door. He was given the key to her room, and when he went to enter the room, the security bolt stopped him, so he called the staff, who came to the room and disabled the latch. Again, his identification wasn't verified.

The man was later convicted of sexual abuse and sentenced to 20 years. The victim filed a lawsuit against the Embassy Suites hotel in Des Moines, Iowa, for negligence and carelessness. The hotel settled for an undisclosed amount. A speaker for the hotel stated it is "focused on industry-leading safety practices to provide" for its guests. Although this woman got justice from the criminal and civil legal system, it's a terrifying reminder of how vulnerable women are and how they depend upon hotel owners and managers to provide them with a safe space when traveling alone.

On the other hand, there are many women who work in the hospitality sector. These women frequently work long hours, often at night, making getting to their cars after their shift more dangerous. Female hotel workers are often the target of unwanted attention because there is a class disparity between guests and workers. They go into rooms alone where guests may take advantage of them because they feel entitled. Female hotel employees are often immigrants and minorities who may feel intimidated to take legal action because of their immigration status or fear of losing their job for lodging a complaint against a guest. Still, when a guest has assaulted you, you have the legal right to report the assault to the police and go after the assailant for personal injury. You may even sue the hotel owners if your assault was due to negligent safety practices.

Additionally, women who work in the hotel industry have a right to come to work and not be sexually abused by other staff members. Employers have a responsibility to protect their workers from predators. This can easily be done by following regulatory standards such as:

Hiring practices - When an employee is hired, it's routine to expect a background check has been run to weed out potential offenders. Individuals with records of sexual harassment, sexual assault, domestic violence, or public indecency should not be around guests and other workers.

Supervision - Individuals in supervisory positions should know what is going on with employees and ensure workers know they can come to them with complaints without fear of retaliation. They should look for signs of wrongdoing and take action accordingly.

Retention - There should be zero tolerance for sexual assault or harassment in the workplace. It should be applied to workers, management, and anyone else who is involved with working for or at the hotel. When a victim reports misconduct, the supervisor should take immediate action to alleviate the threat. Depending on the allegations, a supervisor has the duty to report them to the police. An internal investigation should also be conducted; depending on the findings, the perpetrator should be sent to training, transferred, or fired. Victims of sexual assault or harassment should also have appropriate leave to recover. It is illegal for employers to retaliate against or fire an employee who was sexually violated at the workplace.

What Should I Do After an Assault at a Hotel?

The steps taken right away by victims of hotel assaults can impact the amount of compensation you may receive for your personal injury claim. While safety is the top priority, here are suggested steps victims should take after an assault at a hotel:

Call 911 - Assault of any kind is a criminal act. Law enforcement needs to be notified to take action against the perpetrator. The longer you take to inform the police, the lower the odds that the criminal will be apprehended. Additionally, the police report will be invaluable evidence for a personal injury claim as it will detail your injuries.

Get Medical Care - After being assaulted, it's crucial to seek medical attention, even if your injuries don't seem serious. Being the victim of violent crime causes adrenaline to rush through your body. It's the body's defense mechanism against dangerous situations. However, once the adrenaline wears off, you might discover you're more seriously hurt than you first thought. Some severe injuries can take a while to manifest, like head trauma, internal bleeding, and spine injuries. It's essential to seek medical care. Your medical records can also be used as evidence that will help you in a civil action.

Notify the Hotel - Don't delay notifying the hotel of the assault. The longer you take to let them know an assault happened on their grounds, the more likely the hotel's insurance company will claim the assault occurred elsewhere or didn't happen at all. When you notify the hotel and have a record of it, this lends credibility to your personal injury case.

Talk to a Hotel Assaults Lawyer - You shouldn't have to be concerned about having a lawyer for the criminal prosecution for your assault, but it's extremely helpful to have a hotel assaults lawyer represent you in a civil action. The hotel assaults lawyers at Morgan and Morgan handle thousands of personal injury claims. We're proud to say that we also have a stunning track record for success. We've recovered billions for our clients over the past 30+ years and strongly believe wrongdoers should be held accountable for their actions. Whether you're suing your attacker, the hotel for negligent security, or both, we have the experience it takes to have a successful claim.

How Can I Sue a Hotel After an Assault?

Suppose negligence on behalf of the hotel played a part in your attack. In that case, you might be able to sue the hotel to recover compensation. Generally, we would pursue one of two courses of legal action, which are as follows:

Simple Negligence

Simple negligence is a failure to exercise a degree of care an ordinary person would exercise under similar circumstances to avoid the injury of another. Proving simple negligence requires the following:

Legal duty of care - Any hotel has a duty to take reasonable measures to ensure the safety of its guests, employees, and others who enter the grounds.

Breach of duty - Negligence can be established if the hotel fails in its duty of care. For example, say the hotel failed to do a background check on an employee, and that employee has a violent criminal past and assaults a guest. In that case, the hotel would be negligent in its hiring practices.

Causation - The employee with a violent criminal record uses their access to break into a room and assaults a guest. If not for negligent hiring practices, the employee would never have had access to the guest's room. Therefore, the hotel's negligence played a part in the assault.

Damages - The assault leaves the victim with physical injuries which require medical care, and they suffer emotional trauma. For the purpose of liability, these injuries make the hotel liable.

Negligent Security

Negligent security requires four elements to be established under this legal theory:

Duty of care - Again, the duty of care is a legal requirement for hotels to keep guests and visitors reasonably safe by using sensible security measures such as making sure hallways, sidewalks, parking lots, and other areas are patrolled.

Breach of duty - Suppose the hotel is located in a bad area or there has been a history of assaults occurring on the grounds. In that case, the hotel would be negligent if it didn't take steps to increase security by installing cameras and hiring more security guards.

Negligent security was responsible for harm to the victim - If someone comes to harm on the grounds then negligent security would have some responsibility.

If the hotel had adequate security, the assault wouldn't have happened - But for the negligent security, the crime wouldn't have occurred. The hotel knew of the risks to guests, employees, and visitors but did nothing to prevent it.