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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 129490
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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On Saturday me and my best friend booked a hotel in Chicago

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Hi Pearl. On Saturday me and my best friend booked a hotel in Downtown Chicago for the night along with my six year old son. The room was under his name only. At about 4am his estranged wife was standing over us hollering and screaming and going into her pockets. My question is do we have a lawsuit because the hotel gave her key to get into the room and the room number. They breached the privacy act as a guest of the hotel. Even though they refunded our money back, she could of attacked me and my child and her husband. This is a top hotel in The Chicago loop you would think
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: Chicago, Illinois this weekend from Saturday to Sunday today.
JA: Has anything been filed or reported?
Customer: We filed a report with the manager this morning and early this morning another manager came to our room to secure our safety.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know if we have a case. My son was terrified I was terrified. The hotel shut down access after midnight you need a key to get in the door or you have to be buzzed. The guest service representative breach our privacy and protection.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The hotel is not allowed to give out keys to a room to anyone other than whose name is ***** ***** room. If they did so, that is a breach of contract and they are liable to you for any harm that you were caused. If you were not actually attacked and it was only "could have" then you could not sue. You can only sue for actual damage you suffered, not for possible damage you could have suffered but did not, I am sorry to say. The hotel is liable though for allowing the key to be given out and would be liable for room costs at the very least.

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Customer: replied 8 months ago.
No physical but emotional damage and stress. I can’t sleep I’ve been up since 4am. If I close my eyes I just right up. Imagine waking up with someone standing over you in the dark. A face whom I never seen cause I never met her formally. Imagine your son asking can I be next to him every second cause he is scare because I was scared.

Thank you for your reply.

You can make a claim for the emotional harm their negligence caused you, I agree it is quite a scare. Because of no other harm though, this would be a case you can sue for in small claims without any attorney for up to $10,000 for your emotional harm and up to $10,000 for your son's emotional harm. You have to show some proof of the harm in court.

Law Educator, Esq. and 6 other Legal Specialists are ready to help you
Customer: replied 8 months ago.
Thank you for your help! I’ll be in touch if I have any more questions.

Thank you.