Victims of human trafficking can bring lawsuits against hotels, websites, and other businesses that negligently or intentionally allowed the exploitation to happen and/or profited from it.
The rest of this page details human trafficking and the business entities that facilitate it. This page will also explain when victims of human trafficking may be able to sue these businesses and gain financial compensation.
What Is “Human Trafficking”?
Human trafficking is the use of force, fraud, or coercion to compel someone to work, provide services, or engage in commercial sex acts against their will. The goal is always to exploit the victim for profit. Human trafficking can occur within a country or across borders and it affects people of all ages, genders, and backgrounds. Most often, human trafficking involves sexual exploitation.
The United Nations Office on Drugs and Crime defines human trafficking as having three core elements:
- The act: The recruitment, transportation, transfer, harboring, or receipt of people
- The means: The use of force, deception, coercion, abuse of power, or exploitation of a vulnerable position
- The purpose: Exploitation
A common misconception about human trafficking is that the victims are always foreign people from underdeveloped countries, or other groups of at-risk individuals. However, the truth is anyone can become a victim. Human trafficking victims are most commonly females, but males can be victims as well.
What Industries Are People Trafficked For?
Sex Industry: Human traffickers force most victims to work in the sex industry. The traffickers force victims to become prostitutes who perform commercial sex acts, or they exploit them as entertainers (pornography, exotic dancers, etc.).
Manual Labor: Sometimes traffickers force victims to work in manual labor jobs. They may coerce them into domestic work (cleaning homes, providing childcare, or caring for the elderly) or into manufacturing jobs (food processing, making clothes, assembling toys, etc.).
Agriculture: In another form of exploitation, traffickers force some victims to work in the agricultural sector.
Hospitality: Some victims end up being forced to work in the hospitality industry, where traffickers exploit them to do work in hotels, restaurants, or for cleaning services (housekeeping, hospitality services, dishwashing, etc.).
Lawsuits
For a long time, victims of human trafficking did not have many legal options. Criminal prosecution of human traffickers is often complex, and it is difficult to get a conviction. The perpetrators are elusive/ hard to identify, and the burden of proof is hard to overcome. Regardless of the efficacy of a criminal prosecution, the criminal justice system does nothing in terms of remediation for victims anyway. The criminal justice system cannot provide monetary damages to help survivors get back on their feet.
Today, survivors of human trafficking can file civil lawsuits against commercial businesses that facilitated, negligently allowed, or profited from human trafficking. The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) was the first comprehensive federal law to address trafficking and it enables victims to recover monetary damages for the abuse and hardship they endured. Specifically, survivors can sue the commercial entities that facilitated, negligently allowed, or profited off of the trafficking.
Lawsuits Against Large Hotels
Survivors of human trafficking have brought a number of lawsuits under the TVPRA against major hotel chains across the country. Some such chains are Marriott, Hilton, and Wyndham. These suits generally argue that hotel management and staff knew (or reasonably should have known) about the sex trafficking and exploitation occurring at their hotels and/or they profited from this exploitation. Many of these lawsuits have resulted in significant monetary compensation for trafficking victims.
In New Jersey, the Honorable Julien Neals of the United States District Court for the District of New Jersey denied a group of defendant hotels’ motions to dismiss a human trafficking case. Experts consider this case to be a “test run” for holding New Jersey hotels liable for human trafficking that occurs on their premises.
In this civil suit the plaintiff is a young survivor of human trafficking and sexual exploitation. The plaintiff brought the suit under the TVPRA and N.J.S.A 2C:13-8.1. The complaint describes a graphic and horrid scene of sexual abuse that took place in multiple hotels across the state.
Specifically, the complaint alleges that the hotels “enabled, harbored, held, facilitated, and/or financially benefited from a sex trafficking venture in which Plaintiff was trafficked for the purpose of commercial sex, sexual exploitation, and physical and mental victimization.” E.B. v. Howard Johnson by Wyndham Newark Airport, 2023 U.S. Dist. LEXIS 231401.
Several major hotel brands are named as defendants in this case, including Wyndham Hotels & Resorts, Inc., and Motel 6 Corporation. On April 15th, 2024, Judge Neals stayed the case pending the resolution of the trafficker’s criminal case. While the case has yet to be resolved, many believe it will result in a substantial settlement or verdict.
Damages and/or Settlement Calculations
Lawsuits against hotel chains and other businesses that facilitate or negligently allow human trafficking to occur can result in substantial settlements or verdicts. Courts consider a wide range of factors when trying to properly compensate victims.
In human trafficking cases, courts often award substantial damages for pain and suffering because survivors endure significant emotional and psychological trauma. This trauma typically requires extensive counseling and therapy and can lead to numerous mental health issues. Courts also award damages for physical injuries that commonly result from trafficking and exploitation. Additionally, victims may receive compensation for lost wages incurred during the trafficking period and for diminished earning capacity caused by the physical and mental trauma they experienced.
Punitive damages can significantly increase settlement amounts in human trafficking cases. When a defendant’s actions are particularly egregious, courts may award punitive damages to punish the wrongdoers and deter others from engaging in similar behavior.
- In a tragic case involving the trafficking and rape of an 11-year-old girl, Lyft and Days Inn agreed to pay $9,000,000 for enabling the horrible exploitation.
- In another tragic case involving three woman who were sex trafficked as minors an arbitrator awarded the plaintiffs $37,500,000.
Contact a New Jersey Human Trafficking Lawyer
The attorneys of O'Connor, Parsons, Lane & Noble prioritize our clients' needs with professionalism and successful results.
Our experienced legal team represents clients in a wide variety of cases while giving them a voice through difficult times.
We understand the complexity of human trafficking suits and serve as your advocate through every stage of your lawsuit. Our history of success shows our willingness to fight for each of our clients.
Contact us for a free, no-obligation case reviews and work on a contingency fee basis. The trauma and pain of a human trafficking experience represent a horrid and profoundly unforgettable event in your life. We are here to assist you in obtaining compensation for your injuries and suffering.