What Should I do If I Am Attacked by A Hotel Employee?

What Should I do If I Am Attacked by A Hotel Employee?

What Should I do If I Am Attacked by A Hotel Employee?

Las Vegas is the entertainment capital of the world, and we have visitors coming in daily from all over the world. Our hotels, both on and off the world-famous Strip, employ hundreds of thousands of workers.  While most people vacationing in Las Vegas have a wonderful time, sometimes hotel staff can lose their cool. If you are attacked by a Hotel Employee, the Attorneys at Shook and Stone can help.

If you are attacked in a hotel, the first thing you should do is call 911 to notify the police. Hotel security may want to handle the incident, but it can be vital to document the assault outside of hotel security. Security is going to be working for the same hotel that could potentially be found liable for any injuries.

Second, you will want to seek immediate medical attention. Shock can cause a person not to realize they have been hurt. It is vital to document any injuries you may have sustained as soon as possible. Without medical care, it will be harder to show the extent of your injuries

Third, you will want to make sure the hotel is aware of the incident. Make sure they are documenting the attack internally. If you fly home and then do not report the incident to them until days or weeks later, it will make any potential case against them harder to prove.

What Does the Law Say?

NRS 41.745 relieves an employer of liability for the intentional conduct of an employee if certain conditions are met.  Specifically, NRS 41.745 provides as follows:

An employer is not liable for harm or injury caused by the intentional conduct of an employee if the conduct of the employee:

(a) Was a truly independent venture of the employee;

(b) Was not committed in the course of the very task assigned to the employee; and

(c) Was not reasonably foreseeable under the facts and circumstances of the case considering the nature and scope of his employment.

For the purposes of this subsection, the conduct of an employee is reasonably foreseeable if a person of ordinary intelligence and prudence could have reasonably anticipated the conduct and the probability of injury.

What this means is that if an employee attacks you, the Hotel may not be liable depending on the circumstances of what the employee was doing at the time.

Turning to Nevada case law, we can see examples such as in Anderson v. Mandalay Corp. In this case, the issues were whether (1) it was reasonably foreseeable that the hotel employee would rape a hotel guest and (2) the employee’s criminal conduct was so unforeseeable that direct negligence claims against the employer would be futile.  131 Nev. 825, 358 P.3d 242 (2015).

The Nevada Supreme Court concluded that a reasonable jury could find that the employee’s criminal conduct was reasonably foreseeable and that direct negligence claims against the employer would not be futile because a reasonable jury might find that the criminal conduct was foreseeable.  In this case, an employee of Mandalay Corp entered a hotel room and assaulted a sleeping guest.

Since the employee’s job duties included cleaning the common areas of the hotel and assisting in cleaning and serving guest rooms as needed, the employee had access to rooms as part of his duties. Unfortunately, Mandalay Corporation had little supervision during the employee’s assigned shift, and the hotel had provided the employee with a keycard for opening the guest rooms to his assigned floors.

In the case of Billingsley v. Stockmen’s Hotel, Inc., a hotel patron was injured after he was escorted off the premises by a security guard.  111 Nev. 1033, 901 P.2d 141 (1995).  On appeal, the Nevada Supreme Court concluded that questions of fact exist as to the reasonableness of the security guard’s conduct. The court found that because the security guard admitted he grabbed the hotel patron’s lapels when he stumbled and used a type of chokehold to “take the fight” out of him, questions of tact arose as to whether the security guard’s use of force was reasonable under the circumstances.

If you or a loved one are attacked in a hotel by an employee, it is vital to act quickly to document the incident and any injuries. Contact a skilled attorney as soon as possible to make sure your rights are protected. At Shook and Stone, we can help you.