Can I sue the hotel?

Asked over 1 year ago - Laughlin, NV

I recently stayed at a hotel in Nevada. I was alone in my room getting ready to take a shower. I had the "do not disturb" sign on my door and a male maid entered my room without warning anyway. I was completely naked and screamed "get out!" The guy just stood there and then proceeded to start yelling in Spanish. I had no idea what he was saying. I thought he was going to rape me. I continued to scream until he finally left....maybe 3 or 4 min. I'm not sure. I called the front desk, and they sent security to take my statement. They moved me to the opposite side of the hotel for my last two nights. This incident ruined my entire trip. I feel violated and freaked out. Is there anything I can do?

Attorney answers (8)

  1. Jill K. Whitbeck

    Contributor Level 18

    6

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . You have a claim for negligent infliction of emotional distress -- perhaps even intentional infliction since the guy didn't immediately turn and leave upon finding the room occupied and you screaming at him. The issue will be one of damages. Without actual medical expenses, you only have emotional trauma which is very hard to quantify. You should speak to the hotel manager and get their side of the story. Why was the guy there? Why didn't he leave right away? What do they intend to do to make this "right" to you? Depending on the answers/satisfaction you receive from the hotel, you may wish to contact attorneys in Southern Nevada to see if they are interested in presenting a claim on your behalf.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A... more
  2. Scott J. Corwin

    Pro

    Contributor Level 18

    8

    Lawyers agree

    1

    Answered . I am sorry that you feel that your trip was ruined. You may want to contact the Hotel about getting compensation for the room, but without damages, you most likely don't have a claim.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    1

    Answered . I'm sorry to hear about this, and the hotel should comp you your stay.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. Richard S. Johnson

    Pro

    Contributor Level 15

    6

    Lawyers agree

    1

    Answered . I agree with my colleagues. While you may technically have a claim for infliction of emotional distress, the main problem will be establishing and proving damages. Plus, it may be difficult finding an attorney to take the case on given the perceived limited value.

    If you would like a free consultation, call me at 702-823-3333. www.naimidilbeck.com
  5. Sean Michael Patrick

    Contributor Level 16

    7

    Lawyers agree

    1

    Answered . Legally, probably not. You can contact the hotel management to try to comp you a room/trip in the future.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  6. Mark Stephan Braun

    Contributor Level 4

    4

    Lawyers agree

    1

    Answered . In my opinion, the real issue in your case would be any liability on the part of the hotel because, as a practical matter, there is no other "pocket" you could reach into for a monetary recovery. Proving that the hotel is liable would, in the best case, require showing that incidents like this had occurred before in that hotel or nearby hotels; that hotel management knew or should have known about that and that the hotel was negligent in failing to take precautionary steps. In addition, you would also have an issue regarding damages. Unless you have been under treatment by a doctor for serious emotional problems following the incident, your monetary damages would be almost nil.

  7. Howard Robert Roitman

    Contributor Level 17

    3

    Lawyers agree

    Answered . Nevada Supreme Court
    Clarifies the Foreseeability
    Element of Nevada’s Law
    Innkeeper Liability
    A recent case allowed the Nevada
    Supreme Court to address a disconnect
    between Nevada’s statutory limitation
    on innkeeper liability, codified at NRS
    § 651.015, and the Nevada Supreme
    Court decision rendered in Doud v. Las
    Vegas Hilton Corp., 109 Nev. 1096
    (1993). In Doud, the Nevada Supreme
    Court addressed the four elements
    a plaintiff must establish to succeed
    on a negligence claim for innkeeper
    liability: duty, breach, proximate cause
    and damages. In determining whether
    an innkeeper owed a duty of care to its
    patrons, the Court recognized that the
    duty to prevent wrongful conduct by a
    third party occurs only when the wrongful
    conduct was foreseeable. In evaluating
    foreseeability, the Court set forth two
    distinct approaches: 1) evidence of prior
    similar acts; and 2) the totality of the
    circumstances.
    Following the Doud decision, the
    Nevada Legislature enacted NRS §
    651.015 to clarify that the judge, not the
    jury, is to determine whether an innkeeper
    had a duty to its patrons. In doing so,
    the Nevada Legislature created a general
    limitation on an innkeeper’s civil liability.
    Pursuant to NRS § 651.015, an innkeeper
    is not liable unless the death or injury
    of a patron is caused by the foreseeable,
    wrongful act of a third party, and there
    is a preponderance of evidence to show
    a failure to exercise due care. If an injury
    is unforeseeable, the innkeeper owes no
    duty, and the district court has no occasion
    to consider the remaining negligence
    elements.
    On the early morning of June 25, 2006,
    Daniel Ott entered the Silver Nugget
    Casino with two friends. The three
    proceeded into the Touchdown Lounge
    and joined a “boisterous” group around
    several pool tables near the bar. This group
    had already caught the attention of casino
    security, and within five minutes of Mr.
    Ott’s arrival, the entire group was asked
    to leave. At this same time, Allen Tyrone
    Smith, Jr. was seated at a bar adjacent
    to the Touchdown Lounge. One of Mr.
    Smith’s friends began arguing with one of
    Mr. Ott’s friends as Mr. Ott and his friends
    were leaving the Touchdown Lounge. Mr.
    Smith rose from his barstool, pushed his
    way through the crowd, and punched Mr.
    Ott’s friend in the face. In response, Mr.
    Ott brandished a concealed weapon and
    fatally shot Mr. Smith. Mr. Smith’s Estate
    and surviving family filed suit against
    Silver Nugget Casino, alleging negligence,
    wrongful death, and loss of consortium

    In evaluating “similar” acts, the
    Nevada Supreme Court looked to Nevada
    legislative history, which provided some
    hypothetical examples. One method
    of evaluating whether incidents were
    similar was to question whether the events
    involved similar security issues, noting
    that casinos in different towns should not
    be considered similar because they handle
    security in different ways. Other examples
    distinguished between events occurring in
    the inner verses outer areas of a casino, as
    well as contrasts in the different levels of
    violence. The Nevada legislative history
    also revealed that the “due care” language
    of NRS § 651.015 allowed a judge to look
    beyond the existence of “similar wrongful
    acts,” and to consider the basic minimum
    precautions reasonably expected of an
    innkeeper. The Court found that this
    authority was akin to the totality of the
    circumstances approach in Doud, where
    a judge could impose a duty as a matter of
    law when there was reason to anticipate a
    wrongful act, regardless of past experience.
    The Nevada Supreme Court ultimately
    held that the prior incidents noted by
    Plaintiffs were not similar to the subject
    incident and did not establish a duty on
    the part of Silver Nugget Casino. The
    Court also disagreed with Plaintiffs’
    contention that the prior incidents were
    sufficient to put Silver Nugget Casino
    on notice that additional precautionary
    measures were necessary. the
    evidence established that the Silver
    Nugget Casino took basic precautionary
    measures.

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more
  8. Ryan Alexander

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . Sorry this happened.

    I have to say that it is a very unusual story - and we in Vegas are used to hearing everything. In the future, yelling "¡Que se vaya!" or "¡fuera de aquí!" will be more explanatory to him!

    Clark County, Nevada practitioner.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,277 answers this week

3,057 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,277 answers this week

3,057 attorneys answering