Georgia Personal Injury Law Blog : Atlanta Georgia Injury Lawyer & Attorney : Jason R. Schultz Law Firm : Wrongful Death, Malpractice, Car Accidents : Georgia

Police at Georgia Tech were busier than others in 2008, responding to robberies, assaults and rapes. In fact, Georgia Tech police reported more violent crimes last year than any other of the 19 campus police departments in Georgia.

• According to FBI statistics, out of the 19 colleges and university police departments who reported their numbers to the agency, Georgia Tech police reported the highest numbers of violent crimes, 21 in all. Twelve of these were robberies and eight were aggravated assaults. Georgia Tech was the scene of one forcible rape in 2008.
• Number two on the list was Clark Atlanta University, which reported 19 violent crimes. Of these, 18 were robberies, and as with Georgia Tech, there was one forcible rape at Clark Atlanta last year.
• Georgia State University ranked number three on the list, with 16 violent crimes, of which nine were robberies, six were aggravated assaults and one was forcible rape.

Those numbers have increased since 2007. That year, Georgia State reported 16 violent crimes to the FBI, while Georgia Tech and Clark Atlanta University reported 15 crimes each.

As a Georgia premises liability lawyer, I am concerned at this increase in the number of violent crimes on our college campuses. When parents send their children to universities and colleges to further their education, they shouldn’t have to worry about the security of their kids.

The National Crime Prevention Council offers the following steps for students to prevent assaults and rapes on campus.

• Always be aware of your surroundings. 
• An impaired person is easier to overpower. Avoid excessive drinking on campus.
• Lock doors and windows, even if you are going out for just a few minutes.
• Don’t lend your keys to others, and avoid having your name and address on the key ring.
• Never open the door before you know who is on the other side.
• Avoid empty, isolated spots as much as possible.
• Stay in well illuminated, busy areas, where crimes are less likely to occur.

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A Marriott franchise hotel has withdrawn its defense in a premises liability lawsuit involving a woman who was raped at gunpoint on the hotel premises, in front of her two children. The defense alleged that the victim failed to exercise due care and protect her safety, as well as the safety of her children.

In 2006, the woman was assaulted by Gary Fricker when she was in her mini van in the hotel’s parking lot. Fricker proceeded to rape her at gunpoint, and threatened to rape her kids. Fricker was found guilty, and is currently serving a 20-year sentence in jail. The woman filed a premises liability lawsuit against the Stamford Marriott Hotel and Spa in Connecticut, where the rape took place. The lawsuit alleged among other things that the hotel had failed to properly train employees, and monitor parking areas in spite of the knowledge that there had been some earlier assaults in the vicinity.

Marriott’s loyal customers were probably not prepared for the defense filed though court papers earlier this month. Lawyers for the hotel’s insurance company alleged that the woman failed to prevent the rape, and failed to exercise due care and proper use of her senses and facilities. The reaction was swift, and it was massive. Women’s groups have been rightly outraged, and many Marriott customers have voiced their decision to boycott the chain. Rape victim support groups insist that they see this all the time - a victim getting blamed for the crime.

The defense doesn’t surprise Atlanta premises liability lawyers, however. In a premises liability lawsuit, the victim has to prove that the property owner was negligent in providing safety. Premises owners and their insurers frequently go to great lengths to prove that the victim was careless, and that it was their conduct that contributed to the rape, injury or assault.

Marriot International released a statement apologizing for any distress it caused customers and guests, who were offended by the defense pled by its franchise. The decision was no doubt triggered by the prospect of lost goodwill arising from taking such a ridiculous legal position in that particular case.
 

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A Marietta hospital is being sued by 7 women who allege that they were sexually assaulted by hospital employees.

Six of the plaintiffs were patients at WellStar Kennestone Hospital in Marietta, while the seventh woman was visiting the hospital when the assaults took place between December 2006 and June 2008.  The premises injury lawsuit accuses 3 former employees Eugene Ellis, Rafael Telles, and Eric Robinson of “harming patients, attempt to harm patients, improperly placing themselves in contact with patients, and entering patient’s room in violation of hospital policies and protocols”.  Telles, who has 4 complaints against him, is also facing criminal charges filed in July alleging that he groped a female patient post surgery. Ellis also faces charges after 3 women complained to police about being groped on the hospital premises. His therapist license has been suspended.  The hospital, in a damage control statement, stated that all its employees undergo thorough background verification, including criminal checks before they become WellStar employees.

WellStar, in this instance, was responsible for providing a safe and secure environment for patients and visitors. Georgia law requires premises owners to make sure that visitors, guests, patrons and patients are safe on the property. This can include not just safety from falls and other accidents on the property, but also protection from rape and sexual assault. An assault can result when a property owner fails to thoroughly screen its employees before hiring them. For instance, female patients in a hospital are always going to be around male employees, and it's imperative that these men are strictly screened before they are allowed to be in a position where they can harm female patients. A facility can also fail to provide security to visitors by having improperly trained and insufficient numbers of security personnel in charge of visitor and guest security. The property should also be equipped with security equipment such as cameras and phones that can help a victim in danger to call for emergency assistance. Common areas like stairways and parking areas should be properly lit to prevent attacks and assaults on tenants and visitors.

When an owner or occupier of land fails to exercise reasonable care to make its premises safe, and a person is attacked or assaulted as a result, victims can file a lawsuit with the help of a premises liability attorney.  The biggest hurdle in such assault cases can be the reluctance of victims to come forward to file a lawsuit against the persons who were responsible for their horrific ordeal.  It's important to understand that Atlanta Georgia premises liability attorneys frequently handle such cases and can recover compensation of the medical expenses, lost wages and physical and emotional pain.  Lawsuits also increase the likelihood that property owners will change their behavior to protect people in the future.

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