What are my rights if I was assaulted while staying at a hotel due to the night clerk giving my room key out to a person claiming to be staying in the room?

The clerk never checked and the person who entered my room assaulted me in my sleep. I now often have problems sleeping, especially away from home. Is the hotel liable? Can I be compensated?

Asked on September 18, 2014 under Personal Injury, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The clerk personally as well as his employer (the hotel) would very likely be liable, since it would have been negligent, or unreasonably careless, to let someone into a guest's room without verifying that the person had the right to enter. You can seek compensataion for medical (including psychological counseling or prescription costs); lost wages  (if you missed work); stolen or damaged property (if anything was taken, etc.); and possibly for "pain and suffering" if you now suffer from a medical diagnosed condition (e.g. some sort of sleep condition). It would be worth your while to discuss the matter with a personal injury attorney to evalute what your case might be worth, it's strength, and the cost to pursue it. Good luck.

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