Hotels should protect their employees and guests during their stay from all foreseeable risks. Sexual assault is one of those foreseeable risks, as hotels host numerous strangers each night. This, coupled with alcohol consumption or other substances, which a hotel cannot mitigate, can increase the risk of sexual assault.
However, hotel owners and managers can discourage such behaviors by implementing proper security and safety measures, such as installing video cameras, ensuring proper lighting and staffing, and providing adequate employee training. If a hotel sexual assault does occur, the hotel staff must be able to respond appropriately.
Suppose the hotel’s lax security or other forms of negligence contributed to the incident in some way. In that case, the victim can pursue damages and a personal injury claim against the hotel and assailant and hold them liable.
A sexual assault lawyer can help victims understand their circumstances and gather the necessary evidence to pursue compensation. Here are some legal and general safety tips for preventing hotel sexual assault cases:
Legal Aspects for Hotels
All hotels have a duty of care to their guests beyond simply making their stay enjoyable. They must provide reasonable security measures to protect guests from foreseeable harm, as failure to do so can make them liable in the event of a sexual assault or other otherwise preventable crimes and injuries.
Premises liability laws protect guests at hotels and hold negligent property owners liable for sexual assault cases if negligent security practices contributed to the incident. Among the factors that can be attributed to hotel security negligence and make them a liable party in a hotel sexual assault case include:
- Failure to address known security issues, such as defective cameras that were not addressed despite notifications or malfunctioning hotel key cards that prevent proper room lockdown and grant accessibility to anyone
- Inadequate lighting. This can motivate an assailant to take action as they know that their identity can be hard to pin down
- Inadequate security measures if the establishment is located in an area with high criminal rates, which means a lack of security cameras, unsecured entrances, or security team
- Negligent hiring practices. Although not all hotels have the means to perform criminal background checks on their employees, the lack of proper screening can still be used against them
- Failure to handle the incident. Both hotels and resorts must have a protocol in place to help victims if an assault does occur and ensure their immediate safety. A lack of such a protocol can also be used against an establishment in a personal injury case.
Any failure to address potential threats will make the establishment liable. This includes not taking action against a non-guest who threatens the inhabitants. On the other hand, hotel employees are also commonly subjected to sexual assaults.
Most of the same negligent factors can make the owners and employers liable in such incidents. To prevent employee sexual assault cases, hotels should implement clear policies on how the staff should prevent or react, have easily accessible panic buttons, and have other proper security measures to discourage such acts.
Safety Tips for Hotel Guests
Although the hospitality industry strives to offer its guests proper security and entertainment services, guests should still take precautions while staying at hotels. When you book a hotel room, you should be able to lock it properly and immediately notify the hotel staff if the key card is not working.
If the establishment cannot mitigate this issue on the same day, they should provide you with another room. You should always keep your door locked, even if you are inside the room. Assailants often target the lower floors as they are more easily accessible.
Because of this, a good safety tip for hotel guests is to pick a room on a higher floor away from elevators or stairwells. Many hotels have isolated areas such as parking lots or empty corridors. These areas can be dangerous, especially if you are alone. Avoid them and try to travel in groups or at least have someone know your whereabouts.
If you witness anything concerning or you have been subjected to harassment, let the hotel staff know. Report any incident to the hotel management. Always trust your instinct and leave an area if it feels unsafe, and even if you encounter someone you like, do not trust them blindly.
Take precautions. Lastly, to help prevent sexual assault cases, find the strength and support to file a claim. The best way to prevent such acts is to hold the liable parties responsible. Consult with a sexual assault lawyer to learn more.
