Miami Injury Attorney Explains Criminal Assault in Premises Liability Cases
Hotels and resorts have a duty of care to prevent harm to their guests, including violent crime, rape and assault. In this video, listen to personal injury attorney Joe Kalbac explain when hotels and resorts can be held responsible for crimes on their property that result in catastrophic injury, citing one of his past cases as an example.
Other than the person assaulting you or committing a crime against you, the hotel or resort owner, the property owner has a duty to prevent those type of things. They have a duty to prevent reasonably foreseeable crimes from occurring. These would in fact include, assaults, robberies or rapes. Whether or not they have a duty is determined by what is going on at a particular area. What’s the history of the area? Is it a high crime area? Is it a low crime area? It’s determined by whether or not there have been violent crimes committed in the past, or any crimes committed in the past.
I handled a case recently involving a young couple that was in a hotel room up in the central part of the state at one of the big theme parks. In the middle of the day, their front door was broken down in the hotel and unfortunately, the lady was raped. We had investigated that case and determined that, in fact, the owner did not have a manager on the property that night and there had been multiple, multiple, crimes at this particular hotel, which made it foreseeable that this type of catastrophic, terrible thing would happen. If you need more information, call me, Joe Kalbac or Colson Hicks Eidson at, (305) 476-7400, or you can visit our website at Colson.com.