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Should the Movie Theater Get Hit With A Lawsuit/Sued? (Original Post) FarLeftFist Jul 2012 OP
no, the door was locked. This is not the movie theaters fault. IMHO crazyjoe Jul 2012 #1
Ok, didn't know that. So there was no negligence than. Didn't know that info. FarLeftFist Jul 2012 #5
What are you talking about? The door wasn't locked, it opens from the inside. n/t Tx4obama Jul 2012 #25
ya, I know, that's generally how fire exits work. crazyjoe Jul 2012 #69
No. chowder66 Jul 2012 #2
NO, they did nothing wrong, but the lawyers will swarm like roaches! N-t Logical Jul 2012 #3
No gollygee Jul 2012 #4
No dipsydoodle Jul 2012 #6
Do you really want armed guards in every movie theater in America? alofarabia Jul 2012 #7
Just the one leading outdoors, maybe? FarLeftFist Jul 2012 #9
I big theater could have several emergency exits. SoutherDem Jul 2012 #18
THEY ARE NOT EMERGENCY EXITS!!! cthulu2016 Jul 2012 #45
This message was self-deleted by its author SoutherDem Jul 2012 #48
I guess theaters handle their doors differently. ChazII Jul 2012 #55
What's the difference between an emergency exit XemaSab Jul 2012 #59
There's armed guards at my local theater. Iggo Jul 2012 #62
I guess that would depend on whether an alarm was required. Recovered Repug Jul 2012 #8
NO. It was an exit, not an 'emergency' exit pinboy3niner Jul 2012 #10
The 'exit' is the emergency exit door. Used when there's a fire etc. Tx4obama Jul 2012 #29
Yes and no Politicalboi Jul 2012 #37
From the reports, that was a normal exit door pinboy3niner Jul 2012 #38
There usually aren't 'emergency' exits in movie theaters they are just the exit jp11 Jul 2012 #11
I thought the door used was on the back side of the theater. SoutherDem Jul 2012 #21
No... they shouldn't... -..__... Jul 2012 #12
For a negligence suit, the harm has to be reasonably foreseeable hifiguy Jul 2012 #13
I agree with you. Whether the exit was for emergencies or not seems irrelevant to me. JDPriestly Jul 2012 #56
No. aquart Jul 2012 #14
Yeh...sure...blame it on the minimum wage staff for not stopping a massacre. RagAss Jul 2012 #15
No not at all, they're not the ones who would be sued. FarLeftFist Jul 2012 #20
good cripes NO Whisp Jul 2012 #16
already been sued, see here: steve2470 Jul 2012 #17
NO. Are we to the point we need armed guards everywhere we go? SoutherDem Jul 2012 #19
No. n/t zappaman Jul 2012 #22
is that really negligence? Enrique Jul 2012 #23
Hell no. TheKentuckian Jul 2012 #24
No. The door was locked, and the door was intended to be a normal exit when the movie's over anyways backscatter712 Jul 2012 #26
are alarmed exits and posted sentries SOP for all movie theaters? frylock Jul 2012 #27
no, but it will Liberal_in_LA Jul 2012 #28
I read yesterday that they already have been sued. The Velveteen Ocelot Jul 2012 #30
No HockeyMom Jul 2012 #31
Stupid theater, they should have gotten one of these Brisket Jul 2012 #35
K-12 Schools too? HockeyMom Jul 2012 #43
You didn't even watch the little video, did you? Brisket Jul 2012 #46
No, but they probably will. There's always someone looking to get rich from a tragedy. Brisket Jul 2012 #32
I don't think so. I also don't think those things would have stopped the incident. Incitatus Jul 2012 #33
Indeed, I don't recall reading about anyone suing Fort Hood n/t arcane1 Jul 2012 #40
No. This could have been perpetrated at any movie theater in the United States. (nt) Nye Bevan Jul 2012 #34
No it is not negligence when a bizarre random event occurs. former9thward Jul 2012 #36
If alarms and/or guards are required by law, then perhaps arcane1 Jul 2012 #39
total bullshit. they should not be sued. progressivebydesign Jul 2012 #41
Yes as should the NRA also gopiscrap Jul 2012 #42
Do you know what an emergency exit is? cthulu2016 Jul 2012 #44
It was an emergency exit with no alarms. Alduin Jul 2012 #47
that would depend on the local and state fire codes... -..__... Jul 2012 #53
Yes....should have had better security IMHO. nt Laura PourMeADrink Jul 2012 #49
Jesus, you are part of the problem. Logical Jul 2012 #60
so, the poster is asking a question...yes or no, should the theater be held Laura PourMeADrink Jul 2012 #65
Discussion board! Read about it! Logical Jul 2012 #66
what in the world are you talking about? Laura PourMeADrink Jul 2012 #68
NO! HappyMe Jul 2012 #50
If they complied with local regs and the latest inspections they should be OK. lpbk2713 Jul 2012 #51
No. wickerwoman Jul 2012 #52
If they had what you say, you'd be bitching about the price of the shows. Wouldn't you? How demosincebirth Jul 2012 #54
No kctim Jul 2012 #57
No - it's an exit, it's there to be used. lynne Jul 2012 #58
Do you understand the legal concept of negligence? onenote Jul 2012 #61
No the theater is not liable here. TeamPooka Jul 2012 #63
They probably will treestar Jul 2012 #64
Upping the ante on the must-blame-everyone lashouts... (nt) Posteritatis Jul 2012 #67

gollygee

(22,336 posts)
4. No
Wed Jul 25, 2012, 05:32 PM
Jul 2012

They did what they were supposed to do. Bad things happen and are usually the fault of the person/people who did the bad things, not the people who own the space where they happened.

alofarabia

(67 posts)
7. Do you really want armed guards in every movie theater in America?
Wed Jul 25, 2012, 05:35 PM
Jul 2012

If they aren't armed they wouldn't have been able to do much. Plus some larger theaters have 20 individual theaters meaning, what? Hiring 20 guards? It will cost $40 for a movie ticket.

SoutherDem

(2,307 posts)
18. I big theater could have several emergency exits.
Wed Jul 25, 2012, 06:07 PM
Jul 2012

Working in retail management I have worked is some rather large buildings. One had 8 emergency exits plus to street level exits and two mall entrances. This building would have been smaller but I could still see it have 4 emergency exits plus the main entrance.

cthulu2016

(10,960 posts)
45. THEY ARE NOT EMERGENCY EXITS!!!
Wed Jul 25, 2012, 07:20 PM
Jul 2012

Sorry for shouting, but I am on my last nerve on this emergency exit thing.

Movie theaters typically have exits up by the screen so that the hundreds of people can exit from the front or the back of the theater.

They cannot be opened from outside but they are not emergency exits. They are not alarmed... that would be nuts. They are there to be used by people exiting the theater in the normal course of business.

Response to cthulu2016 (Reply #45)

ChazII

(6,206 posts)
55. I guess theaters handle their doors differently.
Thu Jul 26, 2012, 02:45 PM
Jul 2012

My family saw Dark Night Rises and the doors inside the theater have an exit sign above the door. There is nothing about them being for emergencies only. In this case, one door opens to a side garage and the other to the sidewalk.

XemaSab

(60,212 posts)
59. What's the difference between an emergency exit
Thu Jul 26, 2012, 05:01 PM
Jul 2012

and an exit that the fire marshal has mandated so that people can escape from the theater in an emergency?

pinboy3niner

(53,339 posts)
10. NO. It was an exit, not an 'emergency' exit
Wed Jul 25, 2012, 05:37 PM
Jul 2012

It was locked to entrance from the outside. Customers used it when leaving the theater.

Tx4obama

(36,974 posts)
29. The 'exit' is the emergency exit door. Used when there's a fire etc.
Wed Jul 25, 2012, 06:35 PM
Jul 2012

That door led outside. That's the door that folks would use in an emergency.

 

Politicalboi

(15,189 posts)
37. Yes and no
Wed Jul 25, 2012, 06:43 PM
Jul 2012

Some may have an alarm, but most don't. A lot of people use those doors when the movie is over. What they should do is put a timed alarm on the door. When the movie is over you may use it. If an emergency, that's a different story. It wouldn't hurt to have camera's either at the doors.

pinboy3niner

(53,339 posts)
38. From the reports, that was a normal exit door
Wed Jul 25, 2012, 06:46 PM
Jul 2012

Not an 'emergency' exit. It was just one of the doors by which theatergoers left after the movie.

jp11

(2,104 posts)
11. There usually aren't 'emergency' exits in movie theaters they are just the exit
Wed Jul 25, 2012, 05:38 PM
Jul 2012

alarmed 'emergency' exits are usually doors that are not used to exit/enter frequently or at all like a door with some 'control' to its access.

Those doors, with the alarms, will usually have a brief window to be opened and not sound the alarm which works for employees or other people who will be 'smart' to not set it off. Your average 'customer' doesn't care about setting off the alarm so they can take a smoke break, hang out, etc so having an alarmed door that is frequently used by customers is a bad idea unless you want to have an alarm sounding in various theaters while a film is playing.

Then there is no requirement to have security guards covering exits it isn't required at a theater, the grocery store, the mall, etc.

It isn't negligence to expect things to work how they have for decades without a problem and not preparing for x number of crazy scenarios that are very unlikely to happen.

SoutherDem

(2,307 posts)
21. I thought the door used was on the back side of the theater.
Wed Jul 25, 2012, 06:13 PM
Jul 2012

I have never been there of course, but we have some theaters which from the outside looks quite similar with similar number of individual screens. The one I usually go to has door in front which are exit only to get people out quickly after movies. But the side entrances of each individual screening room are emergency exits which lead to doors which exit into the parking lot from all sides of the building. I have never counted them but i would guess one or two on each side. But, these do have alarms.

 

hifiguy

(33,688 posts)
13. For a negligence suit, the harm has to be reasonably foreseeable
Wed Jul 25, 2012, 05:41 PM
Jul 2012

I don't how what this shit did could be reasonably foreseeable as that term is used in tort law. So, no.

JDPriestly

(57,936 posts)
56. I agree with you. Whether the exit was for emergencies or not seems irrelevant to me.
Thu Jul 26, 2012, 04:19 PM
Jul 2012

Whether the exit had an alarm may depend on local fire ordinances.

FarLeftFist

(6,161 posts)
20. No not at all, they're not the ones who would be sued.
Wed Jul 25, 2012, 06:12 PM
Jul 2012

The suing would be for medical bills. Some of these people are uninsured.

 

Whisp

(24,096 posts)
16. good cripes NO
Wed Jul 25, 2012, 05:48 PM
Jul 2012

save all that suing rage and energy for the NRA and those creeps who support them and their gun madness.

SoutherDem

(2,307 posts)
19. NO. Are we to the point we need armed guards everywhere we go?
Wed Jul 25, 2012, 06:08 PM
Jul 2012

I guess that is how to lower unemployment.

backscatter712

(26,355 posts)
26. No. The door was locked, and the door was intended to be a normal exit when the movie's over anyways
Wed Jul 25, 2012, 06:34 PM
Jul 2012

The blame should go 100% squarely on psycho killer James Holmes. The theater and its staffers are also victims.

frylock

(34,825 posts)
27. are alarmed exits and posted sentries SOP for all movie theaters?
Wed Jul 25, 2012, 06:34 PM
Jul 2012

if not, and i don't think it is, then the answer is no.

The Velveteen Ocelot

(115,869 posts)
30. I read yesterday that they already have been sued.
Wed Jul 25, 2012, 06:36 PM
Jul 2012

I don't know whether those lawsuits will be successful - one could argue that the purpose of emergency exits in a movie theatre is to be sure people can get out if they have to in the event of a fire or other problem, not to prevent people from getting in.

 

Brisket

(17 posts)
32. No, but they probably will. There's always someone looking to get rich from a tragedy.
Wed Jul 25, 2012, 06:37 PM
Jul 2012

This isn't likely to be any exception.

Incitatus

(5,317 posts)
33. I don't think so. I also don't think those things would have stopped the incident.
Wed Jul 25, 2012, 06:37 PM
Jul 2012

He could have walked right through the front door with his weapons if he wanted.

former9thward

(32,082 posts)
36. No it is not negligence when a bizarre random event occurs.
Wed Jul 25, 2012, 06:41 PM
Jul 2012

Negligence is where a company deviates from a known and accepted industry practice and that deviation causes harm. There is no industry practice for companies to have security guards at their entrance/exit doors.

progressivebydesign

(19,458 posts)
41. total bullshit. they should not be sued.
Wed Jul 25, 2012, 06:50 PM
Jul 2012

So the victims in any shooting can come back and claim that the dress shop, or the concert venue, or the bakery, didn't have a guard at the door?? No. One person is responsible for this and he is in jail.

Why do Americans think that money equates to love???

cthulu2016

(10,960 posts)
44. Do you know what an emergency exit is?
Wed Jul 25, 2012, 07:16 PM
Jul 2012

Have you ever been to a movie theater?

There will be suits. They will be utterly frivolous. Money will be exchanged in out of court settlements.

And that's unjust, but fine, since many of the injured are probably uninsured. In this country we use civil court en lieu of health insurance.

 

Alduin

(501 posts)
47. It was an emergency exit with no alarms.
Wed Jul 25, 2012, 07:31 PM
Jul 2012

The shooter propped it open to go to his car to get suited up and grab his weapons. If the theater gets sued, then it should get sued for not having proper fire alarms on the doors.

 

-..__...

(7,776 posts)
53. that would depend on the local and state fire codes...
Thu Jul 26, 2012, 02:38 PM
Jul 2012

if the doors are required to have alarms or not.

I'm guessing they're not required, otherwise annual fire inspections would have picked it up and cited the theater owners.

And what if alarms had been present?

Does anyone really believe that it would have prevented Holmes from carrying out his mission?

He would have simply come up with another plan... or possibly a different target.

But... even then, if alarms were required, and the theater owners didn't have them installed, that's still no justification for a lawsuit.

 

Laura PourMeADrink

(42,770 posts)
65. so, the poster is asking a question...yes or no, should the theater be held
Thu Jul 26, 2012, 10:59 PM
Jul 2012

responsible. What the hell gives you the right to question my response to that...?


lpbk2713

(42,766 posts)
51. If they complied with local regs and the latest inspections they should be OK.
Thu Jul 26, 2012, 02:36 PM
Jul 2012



Any litigation expecting more than what is required probably would not succeed in court.


wickerwoman

(5,662 posts)
52. No.
Thu Jul 26, 2012, 02:37 PM
Jul 2012

Tickets already cost a fucking fortune. I can just imagine how much they would go up to pay for the additional cost of metal detectors and armed security guards to take your kid to see Shrek 4.

This was a freak occurance. If the next massacre happens at a supermarket or a Starbucks are we going to require armed guards on every single block?

demosincebirth

(12,543 posts)
54. If they had what you say, you'd be bitching about the price of the shows. Wouldn't you? How
Thu Jul 26, 2012, 02:42 PM
Jul 2012

does 20 dollars sound for admission to see one show? Or are you one of the ones that sneak in from one show to another?

 

kctim

(3,575 posts)
57. No
Thu Jul 26, 2012, 04:44 PM
Jul 2012

ANY lawsuit not placing the blame on Holmes is frivolous and claimants filing such lawsuits should be heavily fined.

lynne

(3,118 posts)
58. No - it's an exit, it's there to be used.
Thu Jul 26, 2012, 04:58 PM
Jul 2012

And it was locked so that no one could enter from outside. There's no requirement or law that the doors be alarmed. Not yet, anyway.

Next thing you know, going to see a movie will be as difficult as getting on an airplane. And we all know how much we like that.

onenote

(42,768 posts)
61. Do you understand the legal concept of negligence?
Thu Jul 26, 2012, 05:27 PM
Jul 2012

Here is an old-timey sounding definition: the failure of one owing a duty of care to another to do what a reasonable and prudent person would ordinarily have done under the circumstances, which omission is the proximate cause of injury to the other.

Whether and to what extent a duty of care exists between an entity accused of negiligence and the alleged victim of the negligence depends on several factors: (1) were the actions that give rise to the complained of harm reasonably foreseeable (2) was there a relationship of proximity between the plaintiff and defendant and (3)is it 'fair, just and reasonable' to impose liability.

The fact that virtually every other theater operated the way this theater operated without ever having been the target of an incident such as this makes it highly unlikely that the actions complained of were "reasonably foreseeable" or that the theater's actions were "unreasonable" as measured by the fictional "reasonable movie theater"' s behavior.

treestar

(82,383 posts)
64. They probably will
Thu Jul 26, 2012, 06:09 PM
Jul 2012

Deep pockets, and Holmes doesn't have them.

But the question would be is it reasonably foreseeable? Pretty sad if we decide such a thing is reasonably foreseeable in our society.

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