How far does vicarious liability for your employees actions go

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Having booked into a hotel in Deerfield, Ohio, USA, Dayanara Fernandez found on return to her room a stranger wearing some of her clothes.

Specifically, the man, an employee of the hotel, was wearing one of her skirts and a pair of her high-heeled shoes along with a shirt with the hotel chain’s logo. The employee went into the bathroom to change but didn’t close the bathroom door entirely and Ms Fernandez noticed that the man was also wearing her underwear. After putting his own clothes back on, the man handed her various items of clothing including several pairs of her underwear and left. Ms Fernandez notified hotel management who called the police. The employee was charged with disorderly conduct and later pleaded guilty to the charge and was assessed a fine and court costs totalling $187. Ms Fernandez has now launched a claim for psychological damage against the hotel chain as a result of the employee’s intrusion.

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