The W South Beach Hotel located at 2201 Collins Avenue, Miami Beach, Florida is the subject of a lawsuit involving an alleged assault of a New Jersey tourist by prostitutes claimed to be “working” in the hotel. Court papers reveal that on January 19, 2013 Anna Burgese, while walking through The W South Beach lobby with her husband, was assaulted by an unknown number of prostitutes. Specifically the complaint reads Mrs. Burgese was “grabbed by behind and thrown with great force into a stone wall head first” then “tackled to the ground and struck by her assailant.” It is alleged that the prostitutes confused Mrs. Burgese as another prostitute who was capturing business at the hotel thus prompting the attack. As a result of the assault, she was taken to Mt. Sinai Hospital for treatment.
The lawsuit sets forth various claims of premises liability negligence against the The W South Beach as well as a civil remedy claim for the commission of criminal acts. The lynchpin of the claims is the allegations that The W South Beach knowingly allows prostitutes to solicit guests on its property and in the past had instances where the prostitutes became violent towards guest and visitors.
Under Florida law, a hotel has the legal duty to protect guests from harm. The lawsuit alleges that The W South Beach beached its duty as it had knowledge that the prostitutes “working” in the hotel became violent in the past and failed to remove them from the premises and/or provide adequate security to protect Mrs. Burgese.
The Miami, Florida based travel attorneys of Brais Brais & Rusak are experienced in representing guests and tourist who have been injured or attacked due to the negligence of the large hotels, resorts and spas. If you or a loved one has been injured in a Florida hotel and would like to know your legal rights, feel free to contact us for a free consultation.