Human trafficking risk continues to evolve

Human and sex trafficking litigation has evolved from lawsuits filed against small motels to larger suits against chain hotels and now technology firms, all accused of complacency in what some consider to be the fastest-growing criminal enterprise.

More than 115 lawsuits in both state and federal courts have been filed, insurers are now working to enhance coverage and liability management solutions, and awareness is increasing, with more than 40 states now having in place laws calling for businesses to train workers on identifying instances of human trafficking, according to presenters Wednesday at the Risk & Insurance Management Society Inc.’s 2021 conference, held virtually.

“It’s unfortunate, but we can probably go no day without seeing a headline or hearing a story about a human trafficking, or a recovery, training, or some other event involving human trafficking whether it is sex trafficking or labor trafficking,” said Marisa Trasatti, a partner with Wilson Elser LLP, which is working on a number of cases nationwide where trafficked individuals are suing businesses or individuals involved.

At issue is that the crime is “hidden and clandestine and difficult to spot and spot accurately,” she said during the online session.

Described as “modern-day slavery,” trafficking involves “force, fraud, or coercion for labor or commercial sex acts” by individuals for profit, said Kimberly Mehlman-Orozco, a human trafficking expert witness and executive director of the nonprofit organization Freedom Light, which assists trafficked victims.

Considered third parties in the crime, businesses where trafficking occurs physically or virtually are now often included in civil litigation, according to presenters. While the hotel industry is often the focus for sex trafficking cases, industries affected by labor trafficking include agriculture, construction, domestic service, factory work, fisheries/fishing, hospitality, and restaurant and food service.

“This is not foreseeable and anyone can be susceptible to it,” said Brittany Harvey, a senior litigation adjuster with Argo Group US, which handled one of the first civil cases filed by several Jane Does against a small motel in Maryland where sex trafficking allegedly took place.

Ms. Harvey is now working with underwriters in helping to craft policies that give insurers a better grip on the issue and better identify at-risk parties. “Plaintiffs’ attorneys are already making it easy for us because they are suing everyone,” she said.

Also on the forefront is risk management for businesses that are susceptible to liability and a national patchwork of state laws aiming to crack down. For example, in addition to training in more than 40 states, 16 states require signage on site informing workers to be on the lookout for human trafficking with some states now requiring that “public nuisance” citations also be included in signage, according to the presentation.