I stayed at a brand name motel that had an attached bar. I got drunk in the bar and then an employee of the motel slipped me a drug, took me to my room and raped me. Could I sue the motel or the company it's franchised through? By the way, I'm a grandfather, not a chick.
2007-01-04 12:40:25 · 10 answers · asked by desert_sailor2003 2 in Politics & Government ➔ Law & Ethics
What can you prove? If you can prove any of it, then file a police report. The conviction of the employee would then help your case.
A civil case is the preponderance of the evidence. 51/49 not 50/50.
Can you prove by the preponderance of the evidence that the motel company knew/approved of the employee's actions or did anything to make it happen? If not, then it will be hard to win against the motel as they will claim first, it did not happen. If it did happen, then it was consentual. If the drugs are proven, then the motel will argue that the action was outside the scope of the employee's job discription and constituted a criminal act not related to the employee's work.
IF the employee was the bartender or server, then it helps your case some what. But if the employee was say, the maid at the motel, it hurts your case.
Then the motel would argue that you voluntarily contributed to the tort by becoming "drunk in the bar" (which is public intoxication).
Another thing to consider is the size of the employee in comparison to your size. If you were small and the employee large that would help your case. If the employee physically carried you out, and the motel manager saw it, that would greatly help your case.
Rape of any type is a crime. If you do nothing else report it and get counseling.
Best of luck.
2007-01-04 12:56:05 · answer #1 · answered by Anonymous · 0⤊ 1⤋
This is the United States, you can sue anyone, for any reason. The question is do you have a case that a jury will award damages on. If you can prove that the hotel knew or should have known that the person that raped you was capable and likely to commit such offenses, then yes, you have a valid cause of action against them. If you can, you are more likely to loose on a summary judgment motion and have your case thrown out.
Also, many brand name hotels are actually franchise hotels. Choice Properties is a large franchise entity which owns the franchise rights to Sleep Inn, Comfort Inn, Comfort Suites, ect... If it is a franchise hotel that you stayed at, you only have a cause of action against the owner of the particular franchise that you stayed at.
2007-01-04 12:51:06 · answer #2 · answered by wanderingphotographer 3 · 0⤊ 0⤋
No offence but I have never heard a grandfather say the word "chick". Are you sure you aren't full of it? Anyway, talk to the police. Do you have any proof of this even happening?
2007-01-04 12:49:03 · answer #3 · answered by Charlie Girl 4 · 1⤊ 0⤋
Only if you can prove that is what has happened. If you didn't file a police report and no charges were filed against the person I would say no. You have to have at least some proof that the incident happened.
2007-01-04 12:47:21 · answer #4 · answered by Chillin-it 7 · 3⤊ 0⤋
First off, I am sorry this happened to you but as much as your going to hate to hear this. Did you make a police report? Did you get medical attention? If you didn't do these two things then what proof do you have of this happening?
2007-01-04 12:44:30 · answer #5 · answered by Issym 5 · 2⤊ 0⤋
Where is the motel?????
Put if you didn't do the police report or anything. You are screwed.
2007-01-04 12:48:52 · answer #6 · answered by Get Real 4 · 0⤊ 0⤋
dont tell the name of the motel.
grandpas everywhere are gonig to flood the phones
2007-01-04 12:51:43 · answer #7 · answered by karen g 4 · 0⤊ 1⤋
No... you should know better
2007-01-04 13:07:44 · answer #8 · answered by Anonymous · 0⤊ 1⤋
WELL, I DOUBT ANYONE WOULD BELIEVE YOU - I SURE DON'T
NEED MONEY, HONEY????
2007-01-04 12:51:07 · answer #9 · answered by Anonymous · 0⤊ 1⤋