Although the experience may have been distressing, it is not likely that you will be able to obtain emotional distress damages. If the hotel knew or should have known that this type of loss could occur and they failed to take any measures to prevent it (e.g. warning to customers, terminating a known offender, background checks, security quality control measures, etc .) then you might be able to recover any economic damages you sustained (i.e. money you lost through the ordeal). It is unlikely that you will be able to recover damages for emotional distress, no matter how upsetting the ordeal might have been. Note, it might also be possible to get a refund of the hotel charges under the theory that they failed to provide the housing that was expected.
Stew Crawford, Jr., Esq.
Crawford Law Firm
A Full Service Law Firm Serving Pennsylvania and New Jersey
223 North Monroe Street
Media, Pennsylvania 19063 (Philadelphia Area)
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This is not a criminal question, it is instead a civil matter which should be addressed to attorneys who concentrate in that area. I'll edit your question in the hopes you get answers to your inquiry.
Consult with a local atty. I wouldnt be surprised if you cant find one. You apparently have no out of pocket damages. You might have to prove the hotel was negligent in hiring this person or in continuing to allow her to work.
Have you reqd psych therapy? Hotel might cough up some money to avoid publicity.
What was the hotel chain? No lawyer wiill take such a case but maybe the hotel can give you a free vacation for your troubles. I doesn't hurt to ask.
Please note that these answers are provided as a community service and are not meant to create an attorney-client relationship.
You *can* sue any one for any reason, but it doesn't mean you are going to prevail. A claim for negligent infliction of emotional distress would be difficult here both given: the conduct of the hotel must be "outrageous," your damages are speculative in nature and your emotional distress may not be "severe."
I wish you luck, but I do not believe this is a case that will be worth your while. Perhaps an attorney will agree to draft a demand letter on your behalf for a flat fee.
This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship. To get legal advice, consult an attorney in your local area or the area where the issue is located. It should not be relied upon as legal advice. The response is based on the limited facts provided, and without any independent investigation of the author. Given additional or different facts, the response would likely change. The attorney providing this response is licensed in Pennsylvania and New Jersey, and you should contact an attorney in your jurisdiction if it is outside those jurisdictions.
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