Tag Archives: Assault

Hotel Industry Security Risks: Connecticut Hotel Pays Damages To Settle Civil Suit Brought By Woman Assaulted In Hotel Garage By A “Drifter” Who “Roamed The Garage For Hours”

The Tresser Boulevard hotel was accused of failing to prevent the 2006 assault in which a drifter roamed the garage for hours

Surveillance cameras in hotels.

before sexually assaulting a woman named in court papers as “Jane Doe.”

The victim claimed Fricker had been in the hotel and garage and acted suspiciously for days leading up to the sexual assault. The lawsuit alleged the hotel security staff failed to notice him or make him leave.

A woman raped at gunpoint in front of her children four years ago in the Stamford Marriott parking garage has settled a civil lawsuit filed against the hotel for an undisclosed amount of money.

Attorneys involved in the lawsuits would not comment about details in the case, which was withdrawn this September and resolved using a private alternative dispute resolution firm.

“It’s been resolved to the satisfaction of both parties and no further comment will be made,” said Donald Derrico, a lawyer representing the Stamford Marriott Hotel and Spa. The Tresser Boulevard hotel was accused of failing to prevent the 2006 assault in which a drifter roamed the garage for hours before sexually assaulting a woman named in court papers as “Jane Doe.”

Gary Fricker, a Danbury native and transient carpenter, was arrested three days after the October 2006 assault and was sentenced a year later to 20 years in prison. Wanted in Florida on arson charges, Fricker roamed the Marriott parking garage looking for victims before targeting a then-40-year-old mother, an arrest affidavit said.

One woman called police after the assault and said a man matching Fricker’s description was following her around the garage about an hour before the attack. A second woman reported her ATM card stolen from the garage that afternoon. Fricker tried to use it later that day, police said.

Authorities say Fricker put a gun to the back of the victim and forced her young children into their minivan, where he raped the woman after trying to rob her. He fled when the woman screamed and a car passed by. He was arrested in White Plains, N.Y., and immediately confessed to the attack.

The civil lawsuit was filed in March 2008, six month after Fricker was sentenced. The victim claimed Fricker had been in the hotel and garage and acted suspiciously for days leading up to the sexual assault. The lawsuit alleged the hotel security staff failed to notice him or make him leave.

The hotel had no security director or internal security policies at the time of the assault, according to a deposition in the case.

More than a year after the lawsuit was filed, controversy erupted over special defenses filed by lawyers hired by the Marriott that claimed the woman was careless, negligent and failed to “exercise due care” for her own safety and for the safety of her children. Attorneys said if the defense wasn’t raised they might have lost a chance to bring it up again in the future.

For more:  http://www.stamfordadvocate.com/news/article/Settlement-reached-in-Marriott-rape-case-860707.php

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Hospitality Industry Legal Issues: There Is No Clear Legal Guidance For Hotel And Restaurant Operators If They Suspect A Guest Or Patron Is Likely To Commit Illegal Acts

“A proprietor of an inn, tavern, restaurant, or like business is liable for an assault upon a guest or patron by another guest or third party where the proprietor has reason to anticipate such an assault and fails to exercise reasonable care to forestall or prevent the same.”

(From a Volokh.com posted article)   “The duty of a proprietor of a tavern or inn to protect his patrons from injury does not arise until the impending danger becomes apparent to him, or the circumstances are such that a careful and prudent person would be put on notice of the potential danger.” 

Other jurisdictions have applied the landowner-invitee analysis to determine whether a university has a duty to protect students from the criminal actions of third parties. In analyzing the issue, [most of the courts] relied upon Restatement (Second) of Torts § 344 (1964), which provides:

“A possessor of land who holds it open to the public for entry for his business purposes is subject to liability to members of the public while they are upon the land for such a purpose, for physical harm caused by the accidental, negligent, or intentionally harmful acts of third persons or animals, and by the failure of the possessor to exercise reasonable care to 

“(a) discover that such acts are being done or are likely to be done, or

“(b) give a warning adequate to enable the visitors to avoid the harm, or otherwise to protect them against it.”

The general rule is that a landowner has no duty to protect an invitee on the landowner’s premises from a third party’s criminal attack unless the attack is reasonably foreseeable. Prior similar acts committed upon invitees furnish actual or constructive notice to a landowner. A university owes student tenants the same duty to exercise due care for their protection as a private landowner owes its tenants.

http://volokh.com/2010/04/06/what-should-landlords-do-if-a-tenant-is-accused-of-a-violent-crime/

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