In August 2011, a then-15-year-old boy was kidnapped by a man who was later convicted of sexually assaulting the boy at a Baymont Inn & Suites in Galveston, Texas. The victim in that case has now filed a premises liability lawsuit against the corporations that own and operating the hotel.
The lawsuit alleges gross negligence, negligence and premises liability. The plaintiff in the case says that he was forced to rent the room in his name that he was assaulted in. The defendants in the case are accused of negligence because they allowed the minor to rent the room, they didn’t investigate why the child was trying to rent the room and for not maintaining proper security in the hotel’s lobby.
The plaintiff is seeking damages that include reasonable medical expenses and care, actual and special damages, courts costs and more.
Premises liability cases are often very complex. According to FindLaw, liability is determined by the laws of the state where the injury occurred. For example, some states focus on the injured victim’s status. For example, was the person who was injured an invitee, a licensee, a guest or a trespasser. Other states will focus on the property’s condition and the visitor and the owner’s activities.
Because these cases are so complicated, it is important to fully understand your legal options for pursuing a premises liability case. An experienced attorney can work to ensure that your legal rights are protected. In addition, he or she will assess your right to compensation. You might seek damages for medical expenses, pain and suffering, lost wages and more.
Source: Southeast Texas Record, “Texas man says Galveston Baymont Inn negligent in sexual assault on minor,” Robbie Hargett, Dec. 28, 2015