Are operators liable if there's an assault caused by another patron at a hotel?
For potential claims arising out of an assault by another patron, the assailant can be sued individually or, in some cases, Hotel Injury Claims for criminal compensation can be made.
Because of the limited scope of recovery in those types of claims, it is prudent also to consider other avenues of compensation.
In some cases, it may be possible to proceed against either the venue itself or the security company if security management is contracted to a separate organisation, for example, if the hotel or security firm unreasonably failed to prevent the particular assault from occurring.
For such Hotel Injury Claims to succeed it must usually be shown that one of the following occurred:
- The relative numbers and distribution of security personnel compared to the number of patrons on the premises were inadequate.
- The period during which the altercation had been built before the assault occurred was of sufficient duration that a flexible system of surveillance would have detected and prevented the assault. (An hotel is not liable for an assault which occurs without any warning whatsoever).
- The assailant was previously unruly, violent or exhibiting signs of intoxication such that a reasonable system of management would have ensured that he or she was ejected from the premises before the assault.
If you are not sure if your compensation claim is worthwhile, contact our Public Liability Lawyers, that specialise in Hotel Injury Claims.
We will help also assess your needs and eligibility for our no-win no-fee service.