Legal Question in Civil Litigation in Missouri

My fiance and I got into an argument two weeks ago. She had been drinking and left to check into a hotel. When she arrived at the hotel the front desk attendant saw she was upset and drunk and checked her in and helped her to her room. Throughout the night while she was passed out he used his hotel managers key to enter the room and rape her several times. She barely knew he was there but pushed him off her several times passing out again. She awoke the next morning with vague memories of what had happened but remember him being inside her and having his hands and mouth all over her. She was out of it and could not fight back. The cops were called the next morning and rape kit was done at hospital. Friday is her last interview with the decectives before they give turn it over to the district attorney. Where do we stand in a civil case for damages and mental stress agains this major hotel chain.

Asked on 6/05/13, 9:01 am

4 Answers from Attorneys

M. Scott Montgomery the montgomery law firm llc

You stand an excellent chance of recovering damages from the perpetrator and the hotel. You should be able to find an attorney to represent you on a contingent fee basis.

I would be happy to consult further at no charge.

[email protected]


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Answered on 6/05/13, 10:41 am

Anthony Smith LawSmith

Based upon the facts you described. Your fiance has a viable claim against the clerk and his employer. (don't know if hotel is just a franchise, with the right to use big hotel name) Unfortunately, since you two aren't married, you may not have a claim. Consult with a civil attorney in your area.

Good luck

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Answered on 6/05/13, 11:38 am
Robert Curran Curran Law Firm

From the information you posted, I think your fiancé definitely has a very strong claim. If the attacker has a prior criminal record, that would make the claim even stronger. You should be sure to hire an attorney who is aware of these issues, and knows how to look into them thoroughly. This additional possible type of claims called negligent hiring or negligent retention, because the hotel itself may have been careless in hiring (or keeping on) an employee who is a danger to its guests. Due to their guests placing trusts in hotels and their employees, under Missouri law hotels owe a higher duty of care to guests than is typically required of other businesses.

Your fiancé should definitely hire an attorney promptly to make sure all evidence is preserved. This includes evidence outside the criminal prosecution, including evidence that the prosecutor might not care about because it doesn't affect the criminal prosecution. (The prosecutor will likely preserve and protect all evidence related to the criminal prosecution against the attacker, but really wouldn't care about evidence which might be very important for a lawsuit against the hotel. Whether or not the attacker had a prior criminal record, prior complaints by other guests about this attacker's conduct including sexual comments, groping, etc., are all relevant in a civil case against the hotel, but probably irrelevant in a criminal prosecution.)

I can help you with this if you like. I’m not allowed to put a phone number in here, but you can get it from my website.

Please be aware that the statements and opinions provided above are just a broad informational service to the general public. Since this reply is based upon an incomplete description of facts, this email can not used as a substitute for legal advice from a qualified and fully-informed attorney. Also, these communications are intended for use by the public, and this email does not constitute a confidential communication nor does it create an attorney-client relationship with Curran Law Firm or any of its members.

Rob Curran

Curran Law Firm

3516 South National Avenue

Springfield, MO 65807

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Answered on 6/05/13, 2:31 pm
Michael R. Nack Michael R. Nack, Attorney at Law

The above answers are excellent. I'm very sorry that this happened, but an attorney should be consulted in person as soon as possible. If you are in my geographical area, you should feel free to contact me directly for a free consultation.I'm confident that I can help!

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Answered on 6/05/13, 3:43 pm

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