If while staying at a hotel in room during an intimate moment another family walks into our room, is there a case against hotel for double booking?

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If while staying at a hotel in room during an intimate moment another family walks into our room, is there a case against hotel for double booking?

My fiance and I paid for a room at a hotel for an Easter weekend get away after beung in our private room during a rather intimate moment together, there’s a do not disturb sign in key card for door, another family opens door with a key issued by the hotel and walks in on us. Rather traumatizing to say the least. There are alot of. Can I sue the hotel for damages?

Asked on April 28, 2017 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you care not entilted to compensation this case. You are understandably upset, but you did not suffer physical harm or finanical loss--just the emotional trauma. However, the law does not offer compensation for emotional trauma unaccompanied by physical injury unless the emotional trauma was the result of deliberate or intentional attempts to harm you emotionally, such as bullying, stalking, etc. But that is not the situation you describe: this was simple negligence  or carelessness, and when the act was simple negligence, there is no recovery for purely emotional trauma.


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