Michigan Tourists Sue Funjet Vacations After Sexual Assault By Staff at Beaches Ocho Rios Resort in Jamaica
Paiton E. Bater and Amber R. Torralva, residents and citizens of Michigan, have filed a personal injury lawsuit against multiple entities operating under the Funjet Vacations brand, including ALG Vacations Corp. and Hyatt Hotels Corporation, in the Southern District of Florida, Miami Division. The complaint was filed under Case No. 1:25-cv-25712-KMW. The plaintiffs, who were 21 and 17 years old at the time of the incident, allege they were forcibly and violently raped by three resort staff members at the Beaches Ocho Rios Resort in Jamaica on May 8, 2015.
Funjet Vacations Allegedly Failed to Warn Tourists of Extreme Sexual Assault Risks in Jamaica
The lawsuit’s core allegation is that Funjet Vacations, as the licensed travel seller and tour operator that arranged and sold the vacation package, was negligent for failing to warn the plaintiffs of the extreme and foreseeable destination dangers, specifically violent crime and sexual assault by resort staff in Jamaica. The plaintiffs assert that they were never advised of or warned about these risks.
The plaintiffs originally booked a family vacation in February 2015 for May 5-9, 2015, at the Moon Palace Jamaica Grande Resort. However, after the Moon Palace’s opening was delayed, Funjet relocated and rebooked the plaintiffs to the all-inclusive Beaches Ocho Rios Resort. The plaintiffs were allegedly pressured to make a split-second decision to accept the new resort by the travel agent, an ostensible employee/agent of Funjet, and were assured that the Beaches Ocho Rios Resort was “safe and fun for families”.
US State Department Warnings Cited as Proof of Funjet’s Knowledge of Destination Dangers
The complaint details extensive information regarding the known dangers in Jamaica that Funjet should have disclosed. The plaintiffs assert that Funjet was aware, or should have been aware, that Jamaica was a violent and dangerous place, particularly for young, female, American tourists staying at all-inclusive resorts on the north coast, including Sandals and Beaches properties.
The lawsuit references warnings issued by the US State Department and other reports. For instance, violent crime is a serious problem throughout Jamaica, a fact exacerbated by understaffed and often ineffective police, with frequent allegations of corruption. The US Embassy in Jamaica regularly receives reports of sexual assaults against US citizens at tourist resorts, including those involving resort staff. The State Department issued a special concern about sexual assaults perpetrated by hotel employees at north coast resort hotels. Forbes Magazine ranked Jamaica as the third most dangerous place for female tourists globally. Furthermore, sexual assault numbers are believed to be underreported due to pervasive discrimination and lack of support for victims. Most sexual assaults against American visitors took place at all-inclusive resorts on the north coast and were perpetrated by resort staff. There were also prior reported incidents of sexual assault and sexually inappropriate behavior against travelers at Sandals and Beaches Resorts. Had Funjet advised or warned the plaintiffs and their mothers of any of these dangers, they would have never agreed to travel to Jamaica.
Resort Staff Lured and Raped Tourists in Industrial Laundry Room on May 8, 2015
According to the complaint, resort staff members Dwight Davis, Jermaine Dyer, and William Tapper, who were working as lifeguards and monitors, fraternized with the plaintiffs between May 5 and May 8, 2015. On the evening of May 8, 2015, Davis, Dyer, and Tapper lured the plaintiffs into an industrial laundry room, where they locked the door and sexually assaulted them.
The assault occurred while loud industrial laundry machines were running, which prevented anyone from hearing the plaintiffs’ calls for help. Plaintiff Torralva was sexually assaulted and raped by Dyer. Plaintiff Bater was sexually assaulted and raped by Dyer, Davis, and Tapper.
The plaintiffs were required to undergo a rape kit process at a local medical clinic, which lasted several hours, and Plaintiff Torralva had to return for re-examination because the local physician did not know how to do a rape kit workup. As a result of the assaults, the plaintiffs were placed on seven different medications, including HIV prophylaxis and the morning-after pill, which caused sickness and vomiting.
Plaintiffs Seek Punitive Damages for Sexual Assault, Emotional Distress, and Lack of Justice
The lawsuit seeks judgment against the defendants, jointly and severally, for damages in excess of $75,000, and also requests punitive and/or exemplary damages. The plaintiffs argue that as a direct and proximate result of Funjet’s negligence, they suffered significant injuries and damages, including the sexual assault and rape, along with the embarrassment, disgrace, humiliation, mental suffering, and emotional distress associated with it. The complaint notes these damages are ongoing and likely to continue in the future, citing that one plaintiff is unable to fall asleep without a knife under her pillow. The complaint also highlights the extreme delay in the Jamaican criminal justice system, noting that plaintiffs were still awaiting word on whether their matter would proceed to a criminal trial more than four years after the assaults.
If you or a loved one has been a victim of sexual assault or violent crime while on a vacation booked through a travel agency or tour operator like Funjet Vacations, you may be entitled to compensation. Tour operators have a duty to warn customers of known and foreseeable dangers at the travel destination, especially when those dangers involve resort staff at all-inclusive properties. Contact our experienced travel negligence and personal injury attorneys today to discuss your legal rights and explore your options.
Contact us now to speak with a cruise ship injury lawyer.
Disclaimer: Our firm does not represent the plaintiff in this case and is not involved in the litigation. The information provided is a summary of allegations based on publicly available court filings. We make no representations about the truth of these allegations, are not commenting on the merits of the case, and are not predicting any outcome.
