Question 1

Are there questions I should ask the hotel to ensure my safety?

Accepted Answer

Before checking into a hotel in the future, you may be wondering if there are certain questions you can ask to proactively take steps to protect yourself as much as possible. Some of the top questions you might want to discuss with hotel staff or management include: Do the rooms have any special security features? If so, what are they? How does the hotel protect against people who may attempt to see into your room via peepholes? What makes the hotel safer than, say, an Airbnb? Do the windows in your room open and close? Does your room have a deadbolt? How does keyless entry work? Are employers trained in what to look for from someone who should not be in the hotel hallways or lobby? Does the hotel conduct background checks on their employees prior to hiring? Does your hotel room have a panic button?

Question 2

What is a hotel “panic button”?

Accepted Answer

A hotel panic button is a button that hotel employees can utilize when they find themselves in an uncomfortable, risky, or unsafe situation at work. When they push the panic button, hotel security staff will be alerted, who can then contact law enforcement officials should they deem it necessary. Some cities and states have ordinances in place that require hotels to provide employees with panic buttons if they work in more private areas of the hotel. The hope is that implementing these panic buttons will decrease the number of sexual assaults and misconduct by hotel staff and other hotel guests.

Question 3

How do hotels prevent sexual assault?

Accepted Answer

Hotels have an obligation to take steps to prevent sexual assault on their premises. Failure to do so leaves hotel staff and the hotel itself open to potential liability when guests or employees are assaulted or raped on the property. For this reason, many hotels have taken the necessary precautions to prevent instances of sexual assault. Some of the more common preventative measures include: Taking steps to install panic buttons throughout potentially dangerous areas throughout the hotel or providing hotel employees and hotel rooms with panic buttons to push if they feel unsafe at any time. Requiring hotel management to be encouraging of employees who are assaulted or raped at work and want to report their assault to hotel Human Resources or police. Requiring hotel employees to participate in on-the-job training to educate and inform about workplace sexual violence. Implementing rules and regulations that prohibit hotel staff from being alone with hotel guests at any time, for any reason. Ensure employees are trained in how to handle dangerous or unsafe situations, how to report the incidents, and which officials should be notified, including law enforcement and hotel administrators. Requiring that hotel staff participate in on-the-job training that helps them recognize signs of sexual assault, misconduct, violence, and rape in hotels. Some common signs that a hotel may not be taking these necessary precautions against rape and sexual assault include: Indication of prostitution at the hotel. Lack of sufficient lighting inside hotel hallways, the hotel lobby, and outside of the hotel, including outdoor common areas. Large groups of guests congregating in parking lots or hotel lobbies. Hotel staff failure to validate the identity of guests checking in to the hotel. The hotel’s failure to hire security or implement security measures, including surveillance cameras both inside the hotel and surrounding it

Question 4

How common are sexual assaults in hotels?

Accepted Answer

Sexual assault can come in many forms. In addition to rape, hotel employees and guests may fall victim to unwanted sexual touching, forcible sodomy, attempted rape, date rape, and threats of sexual assault or violence. In some of the worst situations, children have been sexually assaulted by hotel staff or guests. According to the Harvard Business Review, as much as 70% of men and 90% of women working in the hospitality industry have been victims of sexual harassment or assault in the workplace. The National Crime Victimization Survey indicates that approximately 0.3% of violent crimes occur at hotels, with nearly 8,000 sexual assaults occurring annually. Remember, this only includes the number of reported assaults. There are countless incidents of hotel rape and assault that go unreported.

Question 5

What Is Considered Assault, Abuse, Harassment, or Rape?

Accepted Answer

The hidden epidemic of sexual assault, sexual abuse, harassment, and rape are all forms of sexual violence or misconduct, but each is distinct. Yet even though they are all distinct legal concepts, they essentially boil down to an unwanted sexual touching or threat of sexual touching. Assault refers to any behavior that either threatens, attempts, or causes physical harm to another person. Sexual assault includes any violation of a person’s bodily autonomy, including grabbing or groping without the other person’s consent. The term sexual battery is often used interchangeably with a sexual assault. Abuse is an ongoing behavior that violates another person’s boundaries and causes emotional, mental, and/pr physical distress stemming from sexual acts. Harassment targets someone with unwanted attention including unwanted sexual advances, requests for sex, offensive sexual comments, or other behavior that creates a sexually-hostile environment. Rape is sexual assault that typically involves penetration, including oral sex, without consent.

Question 6

How can I Tell if the Hotel is Secure?

Accepted Answer

Unfortunately there is no surefire way to determine whether or not a hotel, resort, or motel is secure, but there are a few things you can do to get a better idea of what to expect: Check online reviews to get an idea of the establishment’s reputation for security and safety. Look for security features on the premises, including working CCTV, security personnel, and key cards to elevators or rooms. Consider your own interaction with lobby staff as you checked in. Did they require ID to issue a keycard? Check your room features including deadbolts that aren’t connected to keycards, security peepholes, safes, and card-operated door locks. Inquire about safety programs like shuttle services, escorts to and from rooms, or safety-specific staff. If you are traveling internationally, you should check the US State Department for any travel advisories regarding your destination. If there are dangers in the country you are going to, that most likely increases the threat of violence while at a hotel or resort there. By following these guidelines you can give yourself a better idea of the hotel or motel security, but sadly these will not guarantee that you will avoid a sexual assault case. If you have concerns, it’s best to book another accommodation where you feel safe and secure.

Question 7

What Is a Hotel Sexual Assault Lawyer?

Accepted Answer

A hotel sexual assault lawyer is a personal injury attorney who specializes in representing victims of sexual assault and seeks civil damages for their client. A personal injury attorney typically works on a contingency fee basis, meaning that the victim will not need to pay out of pocket for any legal services, and will only pay if their attorney wins. Generally speaking the fees charged by contingency fee personal injury attorneys range from 1/3 rd of the amount up to 40%.

Question 8

Why Should I Hire a Hotel Sexual Assault Lawyer?

Accepted Answer

Trying to handle any civil case alone is a difficult and overwhelming process, and this may be especially true when dealing with a hotel rape case. The process is not a simple one, and victims may need to relive their traumatic experience as the defendant and their legal team try to pin blame on a victim in order to avoid paying the true damages in the case. Hotel sexual assault lawyers will handle the entire process while the victim and their loved ones can focus on moving forward from this difficult experience, helping alleviate added stress while improving the chance of a successful outcome.

Question 9

What Is Hotel Negligence?

Accepted Answer

Hotel negligence can come in many forms, but put simply, refers to a hotel’s failure to uphold its duty of reasonable care to guests in a way that results in an injury, property damage, or, in this case, a sexual assault. The negligence may stem from a failure to maintain a safe premises, a failure to implement adequate security measures, or a failure to properly train staff to identify and prevent sexual assaults. With the prevalence of sexual assault and rape at hotels and resorts, hotel negligence could also include a failure to take action against this hidden epidemic. This is particularly true if hotels have a history of rape, unanswered sexual assault complaints, and other potential violations of premises liability laws.

Question 10

What Is Negligent Security and How Is it Determined?

Accepted Answer

Negligent security is when a hotel fails to provide reasonably adequate security for patrons which, in this case, results in a sexual assault. This can include things like failure to provide adequate lighting, secure access points, properly trained staff, and functioning locks on hotel room doors. Determining negligence requires proving that the hotel had a duty of care — a legal obligation to provide reasonable security — which they failed to uphold. It must then be shown that this failure caused or contributed to the sexual assault, and that the victim suffered actual damages as a result of the negligence. Negligence is ultimately determined by the judge or jury in the case.

Question 11

How Long Do I Have to File a Sexual Assault Claim?

Accepted Answer

Depending on where your sexual assault took place, you will have a set period of time known as a Statute of Limitations in order to file a sexual assault claim. In Florida, victims of hotel sexual assault have two years from the date of the hotel sexual assault to take civil action, after which time they will have limited options. However, if the victim is under the age of 18 then there may be a longer period of time that begins once the victim turns 18.

Question 12

Will My Personal Injury Case Go to Trial?

Accepted Answer

There is no easy way to determine whether or not your case will go to trial, especially in the early stages of working with an attorney. There are instances, such as when a hotel sexual assault lawyer strongly believes their client is a candidate for punitive damages, that they may push for a trial, but a majority of civil cases are settled before trial — and many are settled before a lawsuit is even filed. Contact our law firm to speak with an attorney about your situation to get a better sense of how this question may be answered over time.

Question 13

How Does an Attorney Prove Hotel Negligence?

Accepted Answer

From there, an experienced sexual assault attorney will factor all of these different accounts into their process and look to gather evidence that is compelling and supports these claims in order to seek full and fair compensation on behalf of their client. From there, an experienced attorney will factor all of these different accounts into their process and look for compelling evidence that supports these claims in order to seek full and fair compensation on behalf of their client.

Fort Lauderdale Hotel Sexual Assault Lawyer

How We Hold Negligent Fort Lauderdale Hotels Accountable

Common Security Failures in Fort Lauderdale Hotels

What You Should Do After a Hotel Sexual Assault in Fort Lauderdale

Florida’s Statute of Limitations for Hotel Sexual Assault Claims

Compensation Available to Hotel Sexual Assault Survivors

Our Fort Lauderdale Hotel Sexual Assault Lawyers at Lipcon, Margulies & Winkleman, P.A. Can Help You Pursue Civil Compensation