Human Trafficking: Lawsuits Against Hotels
Survivors of human trafficking endure unimaginable pain and trauma that can have long-lasting effects on their physical and emotional well-being.
Unfortunately, hotels and motels often provide the ideal situation for sex trafficking because they tend to prioritize discretion and customer anonymity. The problem is exacerbated if the property accepts cash payments, making it more difficult to trace transactions.
Sadly, some hotels fail to intervene, ignore the signs, or even participate in trafficking operations for financial gain. When a hotel enables or neglects to take proper steps to prevent trafficking, it may be held liable in a civil lawsuit regardless of any criminal charges that may be filed against the perpetrators.
In fact, in recent months, numerous lawsuits have been filed against major hotel chains such as Red Roof Inn and Motel 6 over alleged neglect that enabled human trafficking operations.
Sex trafficking is a crime that involves forcing or coercing someone to engage in sex acts for the trafficker's profit. It's a form of human trafficking that affects thousands of people around the world, including people in California and throughout the United States.
Anyone can be a victim of sex trafficking, but children and young women make up the majority of victims. Hotels and motels are common venues for sex trafficking.
The traffickers are drawn to these establishments because of their transient nature, which makes it easier to move victims without detection. Hotels are often complicit in the abuse, and they might be held liable for their role in facilitating sex trafficking.
Sex Trafficking Lawsuits Against Hotels
Hotels across the United States are facing a significant increase in lawsuits for their alleged role in enabling and profiting from sex trafficking. There is a long and disturbing history of hotels knowing about sex trafficking activities happening on their premises and failing to take any type of appropriate action.
In many cases, employees are active participants in the trafficking activities. In fact, the traffickers often recruit hotel employees, paying them to pay no heed to the sexual abuse. Sometimes, those already involved in trafficking rings seek employment in hotels, creating an environment where these illegal activities can flourish unchecked.
Over 1,000 sex trafficking civil lawsuit claims have been investigated nationwide in the past few years. This rise in legal action against hotels is typically based on the theory that these establishments are negligent by failing in the duty of care owed to guests and employees. Allegations against hotels include:
- Negligence in training staff to recognize signs of sex trafficking.
- Failing to report evidence of sex trafficking activities.
- Failing to implement adequate security measures and
- Not taking reasonable steps to prevent sex trafficking on the premises.
Hotels and motels play a critical role in the fight against sex trafficking because of the unique position of their employees. These workers are ideally situated to notice indicators of illicit activity due to their proximity to guests and room access.
Recognizing the red flags of sex trafficking in both traffickers and victims can lead to prompt intervention by the authorities and save lives. Also, any visitor at a hotel can say something to staff if they see something wrong, potentially save a life.
If you or someone you love has been subjected to sex trafficking, holding those responsible accountable is a step toward justice and healing. If a hotel or motel enabled this activity, the attorneys of Injury Justice Law Firm have the experience and legal knowledge necessary to help you receive proper compensation.
Trafficking Victims Protection Reauthorization Act
According to many civil lawsuits, the negligence of the hotel violates the legal obligations imposed by state and federal law. For example, the federal Trafficking Victims Protection Reauthorization Act of 2008 imposes civil liability on anyone who knowingly benefits financially from participation in sex trafficking.
States that have heavy tourism are also required to train hotel employees to identify and report signs of sex trafficking, which further reinforces the duty of care these businesses owe to others. It has been estimated that 75% of trafficking survivors came into contact with hotels at some point while being trafficked.
The majority of sex trafficking cases occurred at hotels. Further, traffickers used hotels and motels most of the time during travel. Many traffickers force victims to live in hotels full-time. Sex traffickers often use hotels and motels for recruitment, while the traffickers prey on vulnerable people who rely on hotels during times of housing instability.
Sex traffickers often use hotels for escort services, using either "in-call" or "out-call" services. The trafficker books a single hotel room and confines the victim to that room.
The trafficker also sends the victim to the buyer's location, which is typically a hotel room. This type of operation is similar to traditional prostitution activity, making it more challenging to identify as sex trafficking.
In spite of the large number of civil lawsuits, the legal landscape for sex trafficking litigation against hotels is fairly new. Notably, there is only a small amount of precedent to guide these cases, meaning it's crucial to have legal counsel with expertise in this area.
When Can a Hotel Be Sued Over Human Trafficking?
Hotel management can't always know when sex trafficking is occurring within their walls. Still, suppose the signs of trafficking are overlooked. In that case, hotels may be held legally accountable for their role in human trafficking when they fail to meet their reasonable duty of care to prevent and address this illegal activity.
There are several situations where a hotel could face liability in a civil case brought by a survivor or their family:
- Failing to Intervene After Discovering Trafficking: Hotels are often in a unique position to identify trafficking indicators. For example, frequent short-stay bookings, large cash payments, or visible signs of distress from individuals on the property can be red flags. When hotel staff recognize these warning signs but fail to take action, such as notifying authorities or preventing further exploitation, it could be considered negligence.
- Looking the Other Way for Financial Gain: Some hotels knowingly disregard trafficking on their premises to ensure continued revenue from certain clientele. Whether it's because the traffickers book rooms in bulk or pay premium rates, this failure to prioritize safety over profit has led to devastating consequences for victims.
- Participation by Hotel Employees: Alarmingly, there are cases where hotel staff members actively participate in trafficking schemes or facilitate illegal activity in return for payment or other benefits. This involvement might include providing traffickers with room access, ignoring guests who exhibit abusive behavior, or even supplying false documentation.
In the past few years, several major hotel chains have faced civil lawsuits and negative publicity for allegedly enabling sex trafficking within their establishments. The hotels include Marriott, Hilton, Best Western, Days Inn, Super 8, Wyndham Hotels & Resorts, Choice Hotels, and Motel 6.
Proving Liability in Human Trafficking Cases
Establishing liability in human trafficking lawsuits against hotels requires demonstrating their negligence or involvement in enabling trafficking. This process often involves a thorough investigation and compilation of evidence, including the following key aspects:
- Knowledge of Trafficking Activity: To hold a hotel responsible, it must be shown that the property owners, managers, or employees either knew or should have known that trafficking was taking place. Evidence could include repeated guest complaints, video footage showing suspicious behavior, or records indicating that traffickers frequently rented rooms without interference.
- Failure to Act: A hotel may also face liability if it fails to take reasonable measures to prevent trafficking or address known issues. This could include not training staff to recognize trafficking signs, ignoring explicit warning signs, or failing to install proper security systems.
- Connection Between Negligence and Harm Suffered: Finally, it is crucial to establish that the hotel's negligence or actions contributed directly to the survivor's harm. This may involve showing how specific failures-such as a lack of intervention or employee complicity-enabled traffickers to exploit victims.
Courts often rely on expert witnesses, survivor testimony, and corroborating evidence to build a compelling case. Every detail matters, which is why it's critical to work with an experienced attorney who understands the complexities of these cases.
How a Sexual Abuse Attorney Can Help
Although California law empowers sex abuse victims to sue those who either directly caused the abuse or otherwise enabled it (like hotels), suing a hotel for human trafficking doesn't guarantee a win, especially considering that larger companies often hire numerous high-powered attorneys to protect their interests.
At Injury Justice Law Firm, our experienced California sexual abuse attorneys know how to protect your rights under the law and combat legal tactics designed to reduce or eliminate the hotel's level of liability. We will work tirelessly to hold responsible parties accountable while helping you get the compensation you need to find closure.
For additional information, contact our sexual abuse law firm based in Los Angeles, CA.
Related Content: