Premises liability claims are a type of personal injury case where the harm was caused by an unsafe or defective condition on another person's property. Premises liability lawsuits can involve injuries suffered on the property of a business, homeowner or even public property.
A popular example of a premises liability case is a slip-and-fall claim. A slip-and-fall usually involves a patron visiting a business who slips on a liquid or ice. These claims can occur inside or outside of a building. Similarly, a trip-and-fall claim involves things such as an unsecured mat or rug, a broken stair, or a step-up or step-down that isn't sufficiently marked to warn pedestrians. A recent lawsuit against a Holiday Inn hotel reveals that premises liability claims may involve injuries other than falls.
In the Holiday Inn lawsuit, a 49-year-old woman alleged that an on-duty security guard sexually assaulted her during her stay in Skokie, Illinois.
The woman was having a drink at the hotel bar when she later awoke in her room in a panic, her underwear had been removed. She filed a report and a rape kit matched DNA with the security guard, although he has not been criminally charged. The woman believes that the guard drugged her and later entered her room, uninvited, to commit the assault.
With no criminal case charges pending, the woman seeks recourse in the civil system with her lawsuit. She has named the security guard and Holiday Inn as defendants in her civil rape case and is seeking $1.95 million in damages.
The Holiday Inn suit shows how premises liability claims can be a creative tool for victims to use after suffering serious harm. If you believe you may have a case, speak with an experienced personal injury attorney.
Source: Fox 32 News, "Lawsuit: Woman Sexually Assaulted At Skokie Holiday Inn By Security Guard," Feb. 9, 2015