Hotel and Motel Liability for Sexual Assaults in South Carolina

There are different reasons why a hotel or motel could be liable for a sexual assault that occurs on their property. Owners of commercial and public property have a duty to protect their visitors from criminal attacks and assaults that they could have reasonably anticipated. If the hotel anticipates criminal activity, then the owners need to take reasonable steps to protect customers and others on the property from the attacks.

Hotels and motels can be held liable under theories of negligent security or breach of contract.

Negligent security

Many people enter hotel and motel rooms at night, while it’s dark. Travelers are likely to be unfamiliar with the area, and intoxicated patrons may be unable to consent to sexual activity. For these reasons, it’s imperative that owners and managers keep their establishments as safe as possible.

Some of the many steps that hotels and motels should take to protect their patrons include:

• Conducting background checks on employees, especially those with access to rooms
• Evicting guests who are violent or drunk
• Having proper alarm systems in place
• Hiring a security staff and making it easy for visitors to contact the staff
• Keeping entranceways locked during specific hours
• Making sure that the hallways, garages, and public areas have good lighting
• Monitoring who can use key cards
• Ensuring children are supervised, and that they are kept someplace safe if their parents cannot be found
• Providing locks and electronic access keys in limited numbers
• Using surveillance cameras in hallways, public areas, and parking lots

Breach of contract

Guests who stay in a hotel/motel may have the right to hold the owners liable for an assault because they pay for more than just a room and the right to use the lobby, restaurant, and other facilities – as a guest, you pay to stay in a safe place. It is possible that owners and operators may be liable for your assault for breaching this contract.