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An 83-year-old woman who was a guest at a hotel was victimized by a man who approached her in the hotel bar. The hotel clerk had been warned that the woman was potentially in danger, but may not have done enough to prevent the attack from occurring. There is considerable case law that notes that hotels can be held liable for the actions or inactions of staff members on duty, as well as for their security lapses. As a result of the alleged failure of the hotel to provide adequate security to prevent the attack, the hotel is now being sued.

Many victims of violence at hotels and other public locations pursue claims against the owners and operators of the business where the violence occurred. Randall Spivey, a Ft. Myers personal injury attorney, can provide representation and assistance in pursuing an injury claim based on acts of violence if negligent security played a role in making the violent act possible. Contact an attorney if you or someone you care about was hurt or killed in an attack or assault to learn what legal options are available to you.

What Happened?

Fox reported on the lawsuit arising from the incident in which the 83-year-old hotel guest was victimized. According to the article, the woman was traveling in order to spend time with her husband, who had moved into a long-term care facility for Alzheimer's patients.

The woman went to the bar in her hotel, The Fan Club Sports Bar and Grill, around 9 PM and a short time later, a man sat down next to her. The man was a former Connecticut State Police trooper, but he had been fired as a result of allegations of sexual misconduct. He was not a guest at the hotel at the time.

The woman had several glasses of wine and left the bar with the trooper at approximately 11:45 PM. The trooper offered to walk the woman to her room, but when she couldn't find a key, they went to the front desk. The front desk clerk gave a key to the trooper, who the woman thought was being chivalrous by offering to walk her to her room. The bartender subsequently approached the clerk and expressed concern that the trooper potentially posed a threat to the elderly woman.

The clerk went to check on the woman and found the trooper and the woman wandering on the second floor, although the woman's room was on the first floor. The clerk said the woman appeared confused. The trooper followed close behind the woman, and the clerk saw the trooper take the key, force the woman into the room, slam the door, and deadbolt it. Upon hearing no noises inside, the clerk went back to the front desk.

The woman claims the trooper subsequently raped her and medical evidence supports that claim, although the trooper insists the sex was consensual. The trooper has been arrested and a lawsuit has been filed against the hotel for negligent security.

Whether the hotel is liable or not will depend upon whether their security measures and the actions of their staff member were reasonable in light of the circumstances. If you or someone you love has been involved in a similar situation, and you have questions about your rights under the law, contact the Spivey Law Firm, Personal Injury Attorneys, P.A. as soon as possible.