Unfortunately, a lot of child abuse takes place in hotels because of the opportunities and anonymity that they sometimes offer. In fact, this is such an issue that some hotel chains have had to develop policies regarding the problem, establishing procedures for employees and others to report the abuse and setting up disciplinary penalties for anyone connected with hotel negligence cases.
But how can we better protect both the young and old from being abused in hotels, and are the hotels themselves liable for any claims for injuries related to crimes committed there?
Legal Duty
Under the theory of premises liability, if you are injured on someone else’s property, the owner can sometimes be held liable. Property owners have a legal responsibility to ensure that their premises are safe for guests and other visitors. This is particularly the case if the owner has been put on notice of a potential hazard, such as crimes being committed due to poor security.
While courts have pointed out that businesses generally do not owe a duty to protect their guests (“invitees”) from criminal activity, there are two exceptions to this rule:
- The “special circumstances” test, which addresses the foreseeability of crimes based on past incidents to create a duty of care; and
- The “special relationship” test, which creates a duty solely based on the position of the parties (such as when someone entrusts themselves to the protection of the business and relies upon it to provide a place of safety). This has traditionally encompassed an “innkeeper” (hotel) and its guests.
Thus, when you are staying at a hotel as a guest, a special relationship is created. A duty of reasonable care—in fact, a “very high degree of care”—is owed under the circumstances, which is imposed as a matter of law. Although hotels may not always have a “duty to rescue,” once that it has become apparent to staff that guests might be in danger, they are required to take immediate action.
Proving Negligence
If a guest proceeds to become injured in spite of this knowledge, the test is whether the negligence exhibited by the business set in motion a chain of circumstances that led to the injury. The injury must also be a reasonable and probable consequence of the act or lack of action on behalf of the business/hotel, although this negligence need not be the sole cause of the injury, only one of the causes without which the injury would not have occurred.
Contact Our Personal Injury Attorneys for Help
If you are injured while on property that belongs to someone else, the property owner can be held responsible if the accident was caused by his own negligence. Property owners have a legal responsibility to ensure that their premises are safe for guests, customers, clients, employees, and other visitors. Under the theory of premises liability, victims of hotel negligence cases can seek compensation for their hospital bills, lost wages, and other expenses.
A personal injury accident attorney at our practice can guide you through every step of the judicial process. Contact Harrell & Nowak for a free consultation to discuss any rights you may have with respect to hotel negligence cases.
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