Depending on the circumstances, a victim can sue a hotel for sexual assault in Texas.
Guests should not fear for their safety when staying at a hotel, but negligence on the part of the management means visitors can become crime victims.
A compassionate Dallas sexual assault victim lawyer at Crowe Arnold & Majors, LLP knows their client is dealing with great trauma. While nothing can erase the memory of what happened, if the hotel’s negligence directly contributed to the sexual assault, we will hold the business accountable for your physical and mental injuries.
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What to Do After a Sexual Assault in a Hotel
Call 911 immediately. Report the incident to management as well as the police. Ask the management to preserve all surveillance footage on that day. Gather all documents confirming you were a guest at the hotel on the day of the assault.
Go to the nearest clinic or hospital that provides rape kits for an examination and testing.
Consult a Dallas sexual assault victim lawyer as soon as possible so that investigation can begin.
What Is Premises Liability and How Does It Apply to Hotels?
Under Texas premises liability laws, anyone owning, occupying, or managing a piece of property has a responsibility to keep the premises reasonably safe for visitors. Hotels have a duty of care to keep their premises in a safe condition.
Guests at Texas hotels are considered invitees. They are people paying money for the hotel’s services. In Texas, invitees are owed the highest level of care in any commercial enterprise as they are financially benefiting the property owner.
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When Is a Hotel Considered Negligent?
If there is inadequate security, the hotel puts all its guests at risk and can be considered negligent. Examples of poor security include:
- Broken locks
- Inadequate staff screening
- Lack of surveillance cameras
- Poor lighting
- Unrestricted access
- Unattended parking lots
To prove negligence security, you must establish four elements:
- Duty of care: You were a lawful guest, so the hotel owed a duty of care to keep the premises safe
- Breach of duty of care: The hotel breached that duty of care because it did not provide adequate security
- Causation: The breach of the duty of care directly caused your sexual assault
- Damages: You suffered harm, whether physical, psychological or financial
Suing the Hotel vs. Suing the Perpetrator — or Both
Sexual abuse is a crime, but the defendant may or may not be charged. If they are charged, it is possible that they are acquitted. While the defendant’s pleading or being found guilty can aid your civil claim, criminal and civil cases are different matters.
If you file a civil lawsuit for sexual abuse in Texas, you may receive compensation, which does not happen in criminal proceedings. The victim can sue the hotel and the perpetrator. Your attorney can advise you on the best option based on the particulars of your situation.
While the hotel should have a commercial liability policy, a general policy typically does not cover sexual assault. For that, the owners must purchase specialty coverage which may not be available if the hotel is in a high-crime area.
In civil case sexual assault claims, the perpetrator cannot get around paying their judgement by filing for bankruptcy. That judgement follows them for life. If the perpetrator acquires assets after filing for bankruptcy, they can be seized to pay the judgement. That does increase the possibility that the victim will eventually recover some compensation.
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What Damages Can a Sexual Assault Survivor Recover?
In Texas, compensation, or damages for a sexual assault survivor may include:
- Medical expenses, current and future
- Mental health counseling
- Lost wages
- Loss of future earnings
- Pain and suffering
- PTSD
- Emotional distress
“Hotels have a responsibility to take reasonable steps to protect the people who trust them with their safety. When failures like broken locks, inadequate security, or poor staff screening contribute to a sexual assault, survivors deserve the opportunity to hold the hotel accountable. Civil litigation gives survivors a way to pursue answers, compensation, and accountability for the harm they have suffered.“
–Crowe Arnold & Majors, LLP
How Long Do You Have to File a Claim in Texas?
The statute of limitations for sexual assault in Texas depends on whether the victim was an adult or a child at the time of the incident. When filing a civil claim, the statute of limitations for sexual assault when the victim is 18 or older is typically 5 years from the date of the offense. If the attacker used violence or threats or there were other aggravating factors, the limitations period for suing a hotel for sexual assault could be extended.
There is no statute of limitations for certain serious sexual offenses, such as child sexual assault or sexual assault where the perpetrator is identified by DNA.
For minors under 17, the statute of limitations ranges from 10 to 20 years after their birthday.
Speak With a Dallas Sexual Assault Attorney
If you suffered a sexual assault in a Texas hotel, schedule a free consultation with a Dallas sexual assault attorney at Crowe Arnold & Majors, LLP today. Since we work on a contingency basis, you pay no fee unless you receive compensation. We are here to stand by you and help you move forward during this difficult time.
