Here is the infuriating story of a woman who was visiting a Connecticut hotel: woman was raped in front of her children and was told by the hotel that she was careless. This is an open talk thread where you can discuss this story or talk about anything you like.
I’m mad a hell just reading this story. The woman was raped at gunpoint in front of her own children while staying at the Stamford Mariott Hotel in Connecticut. The rapists name is Gary Fricker who is currently serving a 20 year sentence in prison. The assault occurred in a hotel parking lot, when she was in a minivan with her two young children. Read about it here and here and here.
She subsequently sued the hotel for negligence, claiming that the Connecticut hotel did not use reasonable security precautions and did not patrol and monitor the parking lot adequately. Clearly one can argue if a hotel should really be held liable for crime on their premises. Must all misfortune and bad luck be paid for by someone else?
I think not, but I think less of the Stamford Mariott, Connecticut hotel’s defense. They are responding to her lawsuit by claiming that she was careless and negligent. My goodness. According to the Marriott she “failed to exercise due care for her own safety and the safety of her children and proper use of her senses and facilities.” They also expressed “sympathy” and “regret” for her predicament.
Curious as to reader thoughts. At what point should a defense team simply surrender for fear of the commercial consequences of their defense? And how much liability should a business really have for bad things that happen on their vast premises?
The Connecticut hotel woman versus the Marriott hotel gives us something to think about for a Sunday. Where do you come down?
Photo: Sam’s Hearing Life
August 16th, 2009 at 8:43 am
This is an unfortunate situation and I feel sorry for the lady and her family to witness this horrific scenario. Of course there is always two sides of the story and we certainly don’t know the full details of the lawsuit and circumstances involving the accident. The hotel legal team should be fired for making such insensitive comments even if the lawsuit is without merit.
August 16th, 2009 at 8:46 am
It is my experience that you should get what you pay for when staying at a hotel. I expect safe parking when I stay at a “chain hotel” its part of the increased price I pay, as I would pay for a pool, internet services, or the continental breakfast. After 9/11 there is more security everywhere. Loitering should not be tolerated ever. I live in a tourist town that has issues of homlessness (99% harmless but irritating people). This causes controversy in my town. These business’ seem to deal with this problem in an apparently legal manner and I am not aware of homeless or loitering people in the parking lots of upgraded hotels. It is bad for business. Marriot has learned the hard way that this is bad for business. I expect this Conneticut hotel has increased security and changed policies since this incident. These lawyers have made a very damaging public relations mistake in defending the Marriot in this manner. They are disgusting. As a single woman that travels I will never stay at a Marriot again regardless of the outcome. I also will shop for hotels that insure me “personal safety” in the parking lot. As a hotel guest any discourteous behavior from an employee would result in some kind of suspension or termination of employment. Marriot will suffer financially for this incident and other business that step up and insure security can benefit. This law firm will suffer financially too, possibly lose clients as they have disgraced themselves in defending the hotel in this manner.
August 16th, 2009 at 8:46 am
I don’t think the hotel is liable. Thier liability should only be for the obvious service provided, competent blacktop, a dry lot with good run off, normal parking lot lighting, no unmarked big potholes. If they put a sign “gaurd on duty” they might be liable. But if they don’t, they aren’t. She is angry of course and wants money. Was she negligent, not really, I would look at it as more “an act of God” a random natural event by a criminal. That is what felonies are for, the state court can prosecute this guy. But I don’t think a hotel can be responsible for what happens in an open parking lot other than to provide the basics. Bow the defense strategy is something the lawyers chose, probably in conference with hotel management. Those are always iffy. I suppose if they win all their cases like Denny Crane, they will have clients flocking to them.
August 16th, 2009 at 8:49 am
What kind of idiots could come up with lame excuses like that??
I guess I will stay away from the Marriott Group from now on; just to be careful, that is……
August 16th, 2009 at 8:53 am
Why must everything in this country be attached to an potential lawsuit.
What if one of your friends was raped in your front yard while you were asleep inside and then your friend sue you for not patrolling your property?
I was robbed at gun point several years ago in front of someone home, should I sued the property owners for not patrolling their premises?
My car was broken into at a government building in Florida, Should I sue the State of Florida for not patrolling their property?
And I’m sure that everyone can think of other examples.
I you believe that property owners should always be liable then can I sue you for being mugged, rubbed, or raped on your property next week?
Yes this is a horrible thing that occurred to this mother and children but why must the hotel be sued. Why not the actual person who raped her? He is the one who committed the actual crime!
August 16th, 2009 at 8:53 am
There in lies an interesting question…If the police can not be sued for not coming to the defense of crime victims. How can private property owners. Once again…another case of one standard for government employees and a higher standard for private citizens. Amazing. I don’t think anybody is arguing that it is the woman’s fault she was raped. I don’t think that. It is the rapists fault. Could she have done something to help protect herself. Maybe…wasn’t there myself so I can’t judge. Should woman exercise her 2nd amendment rights to protect herself. You betcha. That might not have mattered though. Unless she saw him coming.
August 16th, 2009 at 8:54 am
I had tried to use a valet at a hotel before-they are not necessarily safe either-the one I thought was going to help me just left after he found out what my room number was. I had two kids w/me and a wedding ring on. I got a call on my room phone later asking where was my husband, and did I know what he was doing tonight. I called hotel security and they tried to downplay it, but I had not notified ANYONE where we were so it had to be the employee-spooky
The kids later told me that he was really checking me out as I pulled a few bags out of the trunk.
August 16th, 2009 at 8:56 am
connecticut is a anti-gun state and would rather see it’s citizens raped,robbed and murdered before they will allow a woman to use a gun for self defense.a gun is the only way a woman can defend against a male attacker and all the anti-gun talk is so much bull s*it.
August 16th, 2009 at 8:58 am
well you can’t sue without a lawyer, and if they do a lien case for you, they can have their paralegal’s and assistants do most of the boilerplate work. They might write a letter or three, make an appearance, do a scary deposition, but in the end their investment is really not that much. Its more a matter of waiting for the paperwork to sail thru the system, and if no settlement talks are offered, you may end up just dropping the case rather than spend the time in court. So if you take on a decent number of cases, a few might pay off and you make a profit.
August 16th, 2009 at 9:02 am
i will never stay at a marriott again. nor will any of my friends or family if i can help it.
August 16th, 2009 at 9:04 am
not because i’m afraid for my safety, but because they blame her. its one thing not to accept responsibility…it’s a whole other thing to put it all on her. cheesy ass cop-out
August 16th, 2009 at 9:05 am
I find some of the male responses interesting; to say the least. I’ve been a victim of crime, I did not sue the establishments. That’s right I’ve been violated in two different places of business. Thank you dear God I wasn’t raped. To call the woman stupid and to say it is ok because she has had sex before is barbaric. I just pray that a female you love doesn’t ever have to experience what this victim endured; or worse. I have zero tolerence for criminals, and if they all came up missing I wouldn’t shed a tear. Since violence isn’t the answer I say we pick an island and put all the violent criminals there and let them rob, rape, molest, and kill one another.
August 16th, 2009 at 9:05 am
Soo when someone T-bones you at an intersection you should sue the state for not having a police officer @ that intersection directing traffic and not being able to prevent some idiot from breaking the law and harming you… its very sad what happened to this lady, but the hotel isn’t the party that broke the law, or any sort of standard of decency.
August 16th, 2009 at 9:06 am
How is the woman surposed to know that the man is a Rapist even if she seen him in the parking lot. Failed to use her senses to see if he is a rapist??? that makes no sense.
They should have taken proper precautions in order to keep the assailent out they knew he was there the day before.
August 16th, 2009 at 9:07 am
How disgusting. Being a mother of two, imagining how she is dealing with this, her kids, and now to have such an insensitive and ignorant comment from the place where the insane act occured. First, let the court’s decide the lawsuit. Second, it is not a woman’s fault a crazed rapist prays on a woman with her two children there. What is there to judge or discuss – facts are facts and the fact is – A woman was raped and a hotel made a stupid, horrible comment. Lawsuit or not have some cooth.
August 16th, 2009 at 9:12 am
I am disgusted that the hotel would blame the woman for not taking care. She was in a hotel parking lot that she thought was secure. I think any responses calling her stupid are cold and uneducated. I have been in a sexual assualt situation where even my family did not believe what happened to my daughter, even though there were witnesses. They continue to this day to deny what happened. So, the two of us are now alone without anyone who believes what actually happened. We have managed through the situation which happened years ago, but you all need to think twice before blaming and disbelieving. The hotel should have had someone in the parking lot to look after guests and their belongings. You better believe that if any of your items were stolen, you would hold the hotel responsible. Why no hold them responsible for this? Not even parking lot cameras?
August 16th, 2009 at 9:13 am
The ignorance of you people that think the hotel bears no fault is infuriating – you just dont get it: the woman was there for the benefit of the hotel: she was a “business licensee,” one who has a revocable license to enter the propeorty for the benefit of the property owner. The benefit – for you idiots too thick to get it – is the billions that she and other individuals and families spend at Marriot. However, the property does not only attract customers, it also attracts those who prey on them – but the predators would have no prey if Marriot first go out of itds way to attract guests, and then provide such a great place for predators to prey upon them, i.e., raping women at thier leisure, right in the parking lot. Big business has brainwashed you a-holes to the point where you want Big Busniness to make all the money, while consumers bear all the risk. What a joke – if Marriot is gonna make millions every year off people, and they know or should know that a criminal element is attracted to their property (which they and they alone have a non-delegable duty to keep safe) then they should spend A COMPARITIVELY MINISCULE AMOUNT of those profits to keep guests safe. This has become a country of retards, I swear.
August 16th, 2009 at 9:13 am
How is it the hotel’s fault then? How is it even a stupid comment? Most women I know usually don’t travel alone just as a safety precaution.
August 16th, 2009 at 9:16 am
Our legal system has made is so easy for anyone to sue for any reason. It’s all about money and unfortunately, the legal system rakes most of that money in. The woman was given justice by having her attacker convicted and sent to prison. Being female and having been through an abusive situation as a child, I quickly learned as an adult that NO ONE will look out for my good will but ME—-so self defense is the key. The Second Amendment in the Bill of Rights of our US Constitution gives us the right to protect ourselves and it’s every law abiding citizen’s personal responsibility to do so. I am ALWAYS prepared to defend myself, as, we has humans, are inherently wicked and evil—the Bible says so. It came with the fall in the Garden of Eden.
You do not have a right to own a business; you do not have a right to have a job; you do not have a right to have a roof over your head; you do not have a right to have food to put into your mouth; you do not have a right to have children; you do not have a right to be protected by ANYONE else other than by yourself. These are all priviledges—gifts from God—-something, we, as a selfish, self centered human race, has forgotten. Read our US Constitution and discover for yourself what rights you have. Read God’s word and discover what priviledges God has given to each and every one of us.
Justice was served when the rapist was convicted and sentenced for his crime. It should have stopped there. Period.
Every human being needs to be taught from an early age of how to protect one’s self. My father taught me very young to respect weapons and how to use them effectively against evil. My own endeavor to train in women’s self defense and subsequently teach women’s self defense has increased that level of self protection for myself and others. I have a lifetime personal protection permit and always carry a weapon where I have the legal right to do so. If I were to imagine myself in a similar situation as with the woman in the story and her rapist—-everything possible at my disposal would have been engaged to thwart the attack and give the man his due reward for his evil act. End of story. No legal fees, costs or lawsuits. Just self defense against a wicked, depraved and evil society in general.
August 16th, 2009 at 9:16 am
if a crime is commited in your own yard you can be held responsible right isnt that why we have insurance. the nerve of this hotel chain to blame this woman marriot stinks! do they not have any security cameras on this property tell us the whole story and the facts and stop leaving important information out. to blame thi scriome on the victim is like her being assualted once again as i stated before the hotel is at fault for allowing crimes against their customers to occur! put up security cameras idiots!
August 16th, 2009 at 9:19 am
I don’t have time to read through all of the comments unfortunately, and I’m hoping a lawyer has commented on this. My recollection from law school (not a practicing attorney) is that businesses install (or don’t) SOME form of security using a graded approach specifically as a defense for occurences such as these. I believe it relates to reasonable care? If you’re a grocery store that closes at 11 pm, you could surely say that you don’t need the same level of “security” – whether that be lighting or cameras or live patrol – as a MOTEL (think about it), where GUESTS are going to be arriving at all hours of the day and night, with multiple people (small children) and luggage, etc. – in which case one might think the reasonable care of the hotel would be more, not less security. The woman HAS to state her case as she has should she decide to sue (which she obviously did) claiming negligence (this is all as stated in law), and the appropriate response of the hotel, as stated in the law was that she failed to exercise reasonable care. Its the defense language from statute that they’re lobbing back and forth. As a woman with small children who travels back and forth, and who has arrived at hotels very late at times, the issue hits close to home. I don’t travel much with my children, and when I travel alone I do take extreme precaution. It is much more difficult when traveling with children to manage all of the variables. When its a planned trip, I try to plan to arrive during daylight, call the hotel to ask for assistance, etc. This is absolutely horrible for this woman and her children and I hope somehow she finds peace. Understand that the terminology they are using is really not meant to be slanderous and mean – its legal offense and defense.
August 16th, 2009 at 9:20 am
Wouldn’t it be the best idea to BOYCOTT the MARRIOTT?
No woman is ever guilty of causing rape. The words of the hotel’s defense attorney’s are appaling. Perhaps we should be looking at contempt for whoever bothered to say these things. A simple boycott would make the Marriot apologize for their wording and apparently, their misogynistic opiniions.
It does not matter what you are wearing. NO ONE DESERVES TO BE RAPED OR SEXUALLY ASSAULTED!
While the crime happened on Marriott’s premises, I wonder where were the security cameras and/or security guards were during this attack? Youa re making this poor woman go through this hell again.
BOYCOTT THE MARRIOTT! SHOW THEM THAT WE WILL NOT STAND FOR THESE INTOLERABLE REMARKS!
August 16th, 2009 at 9:22 am
sounds like every one thats againts the lady works there because the marriot should have had better security
August 16th, 2009 at 9:23 am
From the articles I have read on this I do not see what it is she is actually asking the courts for. Is it for money or just for the hotel to have more security such as well lit parking lots, video camera or some kind of measure like this? No the hotel is not at fault but I know to me if I have choosing a higher end hotel it’s because I felt it would be a safer place to be in. Will this hotel now beef up security, offer to walk woman and children to their cars, put in well maintained cameras and sufficient lighten? Even most Wal-Mart’s I have seen have a person riding the parking lot in a golf cart especially during the holidays. I can’t help thinking of the AMW episode where they talked about 3 murders in a Boca Raton mall here in Florida. They had limited video in the parking lot but since have taking stronger security measures because of it and I did not hear them blaming the victims for not taking precaution.
August 16th, 2009 at 9:23 am
Any person male or female should have a feeling of relative safety when in business parking lots. Minimually, they should be well lit. Parking garages because you can’t see from the street what is happening inside, and they have blind spots require more deligent security messures. Period! It should be an expected business expense. If there were reports of a person loitering on the property and an employee was aware, and nothing was done. Then the hotel is indeed responsible, liable. They should be sued and have to pay dearly! The woman raped, and each of the children should be compensated. Valet service is a convience service not a safety measure. If it was a safety measure you would not have to pay for it. If the garage also had valet service it is even more disturbing that this loitering person was not reported. It becomes impossible to believe that more employees didn’t see this worthless piece of human garbage.