Understanding Liability for Sex Trafficking at Hotels and Motels

Incidents of human trafficking occur in many cities throughout the U.S., though many people are under the impression that such crimes only happen in third world countries. The truth is, it’s impossible to know just how many children and adults are being trafficked for labor or services, including prostitution and other commercial sex acts.

One thing we know for sure is that most of the activities associated with human trafficking take place at hotels and motels. Traffickers rely on the anonymity they have at these locations, where they don’t need to sign a lease or agree to a background check. Some of these places also allow you to rent rooms by the hour for cash, or they agree to look the other way and not check IDs or keep a credit card on record for a room deposit. This way, there is no record of the traffickers and their victims as they move from one place to another.

If you are a victim of sexual trafficking at a hotel, you have the right to seek criminal prosecution against the people that harmed you. Additionally, you may have the right to sue the hotel for monetary damages if they failed to report sex trafficking on the premises. California law requires owners of hotels, motels, and similar lodgings to report incidents, allegations, or suspicion of sexual trafficking. They also have a duty to train their staff members on how to identity the signs of human trafficking. This way, police can be notified as soon as possible, thereby saving those who were forced on tricked into a life of being trafficked.

For more information on how to sue a hotel or motel for failing to report sexual trafficking, contact the lawyers of Kenmore Law Group. Our attorneys are ready to help with all your questions and concerns during a free consultation. If you decide that filing a lawsuit is the right course of action, you can depend on us to fight for every penny you deserve as a victim of negligence and misconduct.

Liability for Hotels Under California’s Sex Trafficking Laws

California Senate Bill 970 – specifically, Section 52.5 – details the liability for hotel owners when there is sex trafficking on their property.

Owners must provide training of at least 20 minutes to ensure that their employees understand the signs of human trafficking and what to do if they suspect this type of activity. This is essential, as it’s normally cleaners, people at the front desk, restaurant staff, etc., that deal directly with guests and visitors. In addition, hotels must have a system for reporting these incidents to someone in charge (shift manager, for example) and contacting the police as soon as possible. Indications of sexual trafficking at a hotel include:

• Guests – particularly females – that are escorted at all times, as if they are being monitored
• Hotels room that have little to no items of a personal nature, though one or more people have been occupying the room for days
• Hotel guests that appear to exhibit poor hygiene, signs of sleep deprivation, malnourishment, or multiple injuries
• Minors that are wearing revealing clothes and acting inappropriately (approaching older men, for example)
• Stealing money or food off tables and other areas of the hotel, or asking people for food / money
• One guest or group of guests reserving multiple rooms on a regular basis
• Presence of sex toys and other paraphernalia in the room, along with numerous electronic devices, including ones that can process card payments
• Daily requests for room service and housekeeping, but employees are told to leave things outside the door and not enter the room

Am I Eligible for a Hotel Sex Trafficking Lawsuit?

You have the right to sue the hotel as someone who was trafficked if the hotel did not identify and report sexual trafficking on the property. The law requires hotel owners to understand the indicators of sexual trafficking and to teach this information to their staff members. Once the owner or supervisory staff member is made aware of the issue, the police must be contacted immediately.

So, if there was a failure to reach out the authorities by the people in charge of the hotel where you were being trafficked, you can sue the business owner for neglecting their duty of care. By filing a lawsuit, you can seek compensation for monetary damages, like emotional distress, pain and suffering, and medical expenses. To learn more about suing a hotel for the emotional and physical injuries caused by sex trafficking, call us to schedule a free case evaluation.

Is There a Deadline to File a Hotel Liability Sex Trafficking Lawsuit?

Yes, there is a statute of limitations that applies to lawsuits against hotels that fail to report sexual trafficking that’s taking place on the property. Those who were of adult age at the time they were trafficked must file a claim within 7 years, starting from when there were freed from their traffickers. If you were underage, i.e., a minor when you were trafficked for sexual purposes, you have 10 years to sue the hotel and any other parties that caused you harm and suffering.

For minors, please note that the statute of limitations does not begin until the victim’s 18^th birthday. That means survivors of sex trafficking as children have until the age of 28 to seek justice through the civil court system.

However, the statute of limitations for sexual trafficking is not set in stone, depending on the circumstances. For example, some victims have a delayed discovery of the physical and emotional injuries they sustained from their experience. With that in mind, section 52.5 of California’s Senate Bill 970 allows victim who were trafficked as minors 10 years to file a lawsuit from when they discover, or reasonably should have discovered, that their injuries were caused by the trafficking.

We know that this information can be difficult to understand, and therefore, you still have questions about how long you have to file a hotel liability for sexual trafficking lawsuit. Don’t worry, as our legal team is here to help you 24 hours a day, 7 days a week.

Contact Kenmore Law Group

At the end of the day, there is no easy solution for how to eradicate sexual trafficking in our communities. But the state of California clearly holds hotel owners responsible if they turn a blind eye to activity that’s indicative of sex trafficking. That’s why victims are allowed to sue the hotel and others who neglected their duty to contact the authorities.

Our legal team is here to help you decide on the best course of action. If you choose to go ahead with a lawsuit, we offer a Zero Fee Guarantee, so you won’t pay upfront for any legal services. We ask the hotel to pay for all legal fees as a condition of winning your case, meaning we get paid at the same time you do. Otherwise, we make $0, and you walk away without losing a penny.

Contact the offices of Kenmore Law Group and talk to a human trafficking lawsuit attorney during a free case review.