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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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Im not exactly sure what type of attorney I need to consult,

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I'm not exactly sure what type of attorney I need to consult, but today me and my family (wife and seven year old daughter) was at a hotel, well this morning I left the hotel to get breakfast and my wife got in the shower. While my wife was in the shower my seven year old daughter accessed an adult film on TV. I spoke with management and they apologized and refunded my money. I asked why is it so easy for someone to access adult films? She stated they have the option of adding parental controls to everyroom. I asked her shouldn't the parental controls be automatic and adults call if they don't want them? My question do I have grounds for lawsuit because my daughter was able to access pornography at a commercial establishment?

Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear that your daughter was exposed to such adult behavior. Having said that, I do not see a lawsuit because unless this was directly playing (and not simply ordered by your daughter), obtaining pornography was still based on your daughter's behavior, even if by error. There is no law requiring parental controls and furthermore while parents and children do stay at hotels, a vast majority of parties that utilize hotels are adults and not children. Having 'parental controls' would not be a reasonable step since the clientele is so small compared to those the hotel generally caters to. But in any case there is no inherent injury to sue--facilitating a corporate change is not the same as claiming injury because in this case the hotel did not actively provide the material, it had to have been ordered first. I truly do not see grounds here for a successful lawsuit. The type of an attorney you would need, if you choose to take this further, would be either a personal injury attorney or a class action attorney with civil litigation experience, but if you were not charged for the movies I do not see an actual injury for you to sue under.

Good luck.

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