A woman in stress after a sexual assault

When Can a Hotel Be Liable for Sexual Assault in Texas?

When you go to a hotel, you expect to be safe and free from harm. Unfortunately, this isn’t always what happens. When a sexual assault occurs at a hotel, the hotel may be held liable if it failed to take reasonable steps to protect guests from harm. However, that must be proven. 

Under Texas state law, property owners, including hotels, have a duty of ordinary care in protecting their guests from any foreseeable dangers. This means that they have a duty to protect guests from sexual assault. 

There are many ways in which a hotel can meet its duty of ordinary care. Such ways include:

1. Comprehensive Background Checks

Comprehensive background checks are extremely important for employers to conduct because they reveal important information about job applicants that may have a great bearing on their fitness to do the job and the risks they could potentially pose to customers. It’s especially important that hotels do this, as their employees have access to hotel guests. Criminal background checks are valuable as they contain information about prior sexual misconduct and violent behavior. 

2. Adequate Training 

One of the best ways to stop bad things from happening is by understanding how to identify those things in the first place. This requires training. Hotel employees should receive adequate training on how to recognize and respond to certain behaviors. This includes knowledge of how to properly respond to and report sexual assault.  This includes taking any reports of sexual assault very seriously and responding immediately by contacting law enforcement.

3. Security Measures 

There are a lot of risks that hotels may pose. That’s why it’s important for hotels to invest in a variety of security elements. This may include things such as having adequate lighting on the property, ensuring that hotel room locks are working, and installing surveillance cameras in common areas. 

While each hotel is different, the most important thing is that the hotel takes reasonable steps to implement adequate safety and security measures to prevent or deter sexual assault. If after considering the facts of each case, a hotel fails to do so, the hotel can be held liable for the victim’s injuries and damages. This may include things such as: 

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Other Damages

Aside from a criminal suit against the perpetrator, the victim may also bring a civil claim against the perpetrator and/or the hotel. 

The Attorneys at Rochelle McCullough Help Those in Dallas Who Have Suffered Sexual Assault 

Sexual assault is a reprehensible crime. If you are a survivor of sexual assault, you have the right to pursue justice and compensation through a criminal and civil action. Be sure to speak with a qualified Texas sexual assault attorney as soon as possible. 

The lawyers at Rochelle McCullough will help fight for you to receive compensation and justice through a civil case. To schedule a consultation, contact us today.