Law360 recently covered a significant verdict secured by Napoli Shkolnik partner Joseph Napoli and Junior Partner Stephen J. Maloney, Jr. in a case that exposes systemic failures in hotel safety protocols.

A New York federal judge upheld the $1.6 million verdict against a Manhattan boutique hotel after a guest was sexually assaulted by an unlicensed massage therapist the hotel hired without conducting background checks or even verifying his identity.

As reported by Law360, U.S. District Judge Naomi Reice Buchwald denied the hotel's post-trial motion to vacate the judgment, finding that the hotel violated state licensing requirements and failed to protect its guest. The court held the hotel liable for negligence per se under New York law, asserting that the hotel is automatically presumed negligent for violating a statute intended to prevent the harm that occurred.

A Pattern of Accountability Failures

The case revealed the hotel sent an unlicensed, unvetted massage therapist to the guest's room without background checks or credential verification. When the assault was reported, hotel management could not even provide the perpetrator's name to the investigating police.

The verdict addresses a broader pattern of sexual assault in hotel settings, often enabled by businesses that prioritize convenience over basic safety protocols when hiring contractors.

The full article can be found here.