Hotels are particularly vulnerable to theft, assault and other kinds of criminal activity – and their owners and managers know it.
That doesn’t mean a hotel is automatically responsible every time a guest falls victim to a crime. However, hotels do have a certain responsibility to take reasonable steps – whatever those may be under the circumstances – to keep their premises (and guests) safe. When recognized security risks are ignored, however, a hotel could potentially be liable for preventable harm that occurs on its premises.
What does negligent security look like?
Adequate security measures at one hotel may look like overkill or not be remotely enough at another. What’s reasonable depends on the size of the property, its location, any previous incidents on the grounds and other relevant factors. Problems arise when managers know there are security issues and choose not to act.
Negligent security can involve:
- Broken locks or doors: Entrances are supposed to require a room key. They don’t offer much protection if the locks don’t work or the doors are being propped open for ease of use by delivery people or cleaners.
- Poor lighting: Dark parking lots, stairwells, hallways and entrances can make it easy for a guest to be overtaken by someone, sight-unseen.
- Previous crimes: Repeated thefts, assaults or other incidents on the premises or nearby may put hotel management on notice that additional precautions are needed.
- Inadequate security: Depending on the circumstances, a property with a known history of criminal activity may need extra cameras, security officers or more.
- Unmonitored or broken cameras: Security cameras can’t deter or document much if they don’t work or leave important areas uncovered. When cameras are just “for show,” they’re not helping anybody.
- Poor controls: Lost or improperly handled master keys, failure to deactivate old key cards or other access problems can leave guests very vulnerable.
- Ignoring suspicious behavior: Employees who receive reports of threats, harassment or suspicious activity may need to take reasonable action rather than simply shrugging things off.
The key issue in a negligent security claim is often foreseeability. Could a hotel reasonably anticipate specific kinds of danger, and did it take reasonable precautions in response? If you feel like your injuries from an assault could have been prevented with just a little more effort on behalf of a hotel owner, it may be time to speak to an attorney.