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re: People finally get punished for a frivolous lawsuit
Posted on 9/1/16 at 7:15 am to tigerpimpbot
Posted on 9/1/16 at 7:15 am to tigerpimpbot
quote:
Negligent security isn't some farfetched theory of liability. It made it past summary judgment and got to a jury.
I am going to call bullshite on this. If you are going to argue that every business bears a duty to keep you secure against any threat, regardless of how foreseeable, then we can just shut down every public venue. Because I don't want to pay $40 a movie ticket so they can have metal detectors and armed guards at the theater. What happened was terrible but it was the actions of the shooter and not Cinemark that hurt the victims.
As far as the fees go, they are sending a message. The message is, sue us and you better have a case or else we are coming after you. I would do the same thing.
Posted on 9/1/16 at 7:31 am to jbgleason
quote:
regardless of how foreseeable,
Nob reasonable person would make the argument that there is no foreseeability issue. That's actually usually exactly the issue for the jury has to sort out. Again, it's not some farfetched cause of action.
If a business has 10 of its patrons robbed 10 times in their exclusively controlled parking lot in the span of say 60 days, and that business fails to take any security measures, when the 11th person gets shot and killed in their parking lot, you think it's "frivolous" to hold that business accountable for failing to make any reasonable security measures?
Posted on 9/1/16 at 10:20 am to jbgleason
quote:
I am going to call bullshite on this. If you are going to argue that every business bears a duty to keep you secure against any threat, regardless of how foreseeable, then we can just shut down every public venue. Because I don't want to pay $40 a movie ticket so they can have metal detectors and armed guards at the theater. What happened was terrible but it was the actions of the shooter and not Cinemark that hurt the victims.
Look, you can bet your arse that Cinemark has a security policy and that all theaters are supposed to follow it. This security policy likely lists specific controls that should be in place, such as
quote:
Movie theatre policy to staff 4 security guards around the cinema
quote:
Movie theatre is supposed to monitor security cameras in and around the theatre during all working hours
quote:
Movie theatre was supposed to routinely check and keep secure all outdoor/fire exits and make sure they are shut.
I'm not saying that those are their exact policies, but they have to have a policy for their theaters to follow. The security controls serve different purposes. For instance, an automated notification system that notifies management / security for when emergency exits are opened...this is probably more to keep people from sneaking in than for safety, but in hindsight, keeping these doors closed / locked from the inside could make it harder for someone to do what the killer did. If there is an armed security guard in the front, there's not much he can do to prevent someone from walking in through the emergency exit with a duffel bag full of guns and ammo, unless those doors are secured.
I can see both sides of the argument, and I think it's ignorant to call the survivors lawsuit "frivolous." With a better lawyer, they may have won.
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