Justice, Lawyering, Society, Torts

Three Victims Sue Theater At Center of Aurora Colorado Shootings

By Mark Esposito, Guest Blogger

Three wounded patrons of the now infamous midnight showing of the latest Batman flick, The Dark Knight Rises, have filed suit against owners of the Aurora 16 movie theater. The negligence suit claims, that despite knowing about the large crowds sure to attend the blockbuster movie premier, movie-house proprietors failed to provide security personnel or door alarm systems that could have prevented the shooter, James Holmes, from unleashing his mayhem.

The plaintiffs, Joshua Nowlan, Denise Traynom and Brandon Axelrod, claim that Cinemark USA Inc. permitted Holmes unfettered access to the theater and allowed him to go in and out of the theater several times undetected to retrieve a “virtual arsenal of weapons, including, but not limited to, one or more fully loaded shotguns, an AR-15 assault rifle, one or more fully loaded, automatic Glock handguns, and several tear gas canisters.” They also allege “The exterior doors to the theater were lacking in any alarm system, interlocking security systems, or any other security or alarm features.”

Nowland was struck in the arm and leg by bullets, and Traynom was shot in the buttocks. Axelrod injured his knee and ankle. The trio who were seated together on that horrible night and managed to stay alive by piling on top of each other. They are now represented by the Denver law firm of Keating, Wagner, Polidori & Free.

Generally, owners of businesses are not liable for the criminal acts occurring on their premises unless they are foreseeable. The law has always presumed that the perpetrator of the harm is responsible in tort for his deeds, and, unless the proprietor has reason to believe that a crime is likely to occur, has no responsibility to his customer to protect him or her. However, in most states, the owner of a business does have the responsibility to keep his premises reasonably secure if he/she is aware that a large crowd is likely.

Various claims have been brought against concert promoters for inadequate security or poor crowd control resulting in harm to patrons. In a famous case in 1979, promoters of the rock band, The Who, paid out millions in settlements to concertgoers in Cincinnati who were injured when crowds rushed the doors and asphyxiated seven teenagers. The practice known as “festival seating” (first come, first served) was regarded as the negligent policy. The City of Cincinnati and even the band were sued, but all agreed the wrongful act of rushing the doors by the crowd precipitated the deaths and injuries.

More recently, the country western band, Sugarland, and its concert promoters were sued this year when a stage collapsed at  the 2011 Indiana State Fair following a violent thunderstorm.  A gust of wind toppled scaffolding just before the band was to begin playing.  Seven young people were killed and 40 were injured. The band contended they had nothing to do with constructing the stage and that the storm was an “Act of God.”  However, according to an affidavit of the fair’s executive director, the band twice refused to delay their performance despite knowledge of the impending storm. In March, lawmakers in Indiana voted to exceed the state’s tort cap and pledged $6 Million to the victims. The case against Sugarland is pending.

Should owners of premises be liable for failing to control the criminal or wrongful acts of their patrons? Are they likewise required to foresee “Acts of God’ on their premises?

Source: CNN

~Mark Esposito, Guest Blogger

54 thoughts on “Three Victims Sue Theater At Center of Aurora Colorado Shootings”

  1. OS. … TY,…. I found out about one year ago that TY in a text message means thank you. Thank you. / similarly …. No red line !!! / I guess my spell check is working fine. I think I have been pronouncing it wrong my entire life.

  2. ID 707, I was driving my postal vehicle (LLV) down a side street. Two police cars were semi blocking the road. To my left were two policemen on a porch guns drawn. A very loud and angry voice was resonating from the house.
    In front of me and directly in line of possible fire, a vehicle had stopped, totally blocking any egress from the vincinity. I looked to my left again and my hair was standing up. At any moment there was a possibility of “perhaps” gunfire. Myself and the person stopped in front of me were perfectly aligned
    with any shot fired from within the house. I try not to be rude or impatient in my aging and growing wisdom….. but I do believe I honked (loud) and shouted (loud) hey buddy get the FFFF out of here. Which she did.

    In reference to your groupie gaping, I believe this is an example of it. I have witness several other similar situations. This is my best one.
    Real life is not a TV show, breathing and eating cheetos on ones couch while channel surfing, is not what life is about, if one is out in life.
    I have 95 great wonderful stories for every 5 bad ones. …. Pessimists and eeyore probably have 95 bad ones for every 5 good ones.

  5. OS. If I looked really thorough I may be able to find the book “the gang that couldn’t shoot straight” I actually read it before the movie came out. But alas, my concern is…just like my NFL and baseball card collection from the early 60s are gone.. (the bubble gum was well used)… the “gang” may be similarily vanished. I will be very disappointed if I can’t find it.

    Off topic, I also read a book titled ???? Mr. 5 % …. it may have been fiction. But this guy in the early 1920s got 5% of every oil deal that occurred. It was about the mideast oil discoveries and what went on then. I have looked for that book. ….. Its probably next to the gang that couldn’t shoot straight.!!!!
    I may have read it in the 70s.

    What the heck is the spelling for similarilly. My red line spell check keeps showing up.

  6. All the world is a stage. These three schmucks want to be front and center. Sue the town, sue the county, sue the state, sue the Shriners, sue the muslims, sue the Hindus, blame Russia, blame Iran. Dont say it was an Act of Dog.

  7. Should owners of premises be liable for failing to control the criminal or wrongful acts of their patrons? Are they likewise required to foresee ”Acts of God’ on their premises?
    =====================
    Who is God? People are in general stupid. Let God sort it out. If they’re that stupid, it’s their own fault.

    Do you want there to be any businesses left? I went to more than one seminar where the presenter said employees suck. So do patrons. Get your head out of your as*. Get your shi* in the same sock and keep it there.

  8. Bruce,

    I think several other kinds of crimes might be reduced too. Rape, assault of women, domestic battery of women (corresponding rise in murder of men), driver rage attacks (?), etc.

  9. Yeah but…when I found out that Mark Osterman was a Homeland Security Airplane Rider guy, I got really freaked; I mean, let me take the BUS! I don’t wanna be locked on a plane with HIM!

  10. The murder rate per capita was lower in the wild west when it was legal to carry guns. so how about one each. Some innocent people may get killed but the crime rate will definitely drop. In Florida it is allowed to carry a gun in your car, result car jacking dropped to zero.

  11. How many guns should we each carry?

    Darren says none.
    Feemeister says let the TSA do it.

    I say like Sinatra: MY WAY. See above. No repetitions.

    Or of course we oould have a shootout in the lobby before the showing, if we all are carrying.
    Only the survivors die in the explosion during the film.

  12. feemeister & Darren,

    Good points. That is the dog and pony show we are getting at airports. They have spent billions of dollars, made going to the airport to catch a plane an unmitigated nightmare, and created a police state atmosphere that would make Himmler or Stalin proud.

    There was one instance where they would not let a pilot on board the airplane because he had something with him (pocketknife or something like that) they said would allow him to “take over the plane and hijack it.” When he pointed out that he was the guy with the keys to the plane he was arrested because TSA said he was threatening to hijack the plane. Stupid trumps logic.

    The excuse for many of the showboating measures was due to a couple of clowns from the gang that couldn’t shoot straight. One setting his underwear on fire and getting his family jewels singed and the other who could not set his shoelace on fire without getting the crap beat out of him by his seatmates.

    All hat, no horse.

  14. The movie theatre should not be sued; the government should. There should of course have been about 16 TSA and DHS agents inside each theatre, all with AK47s cocked and at the ready. Well, that is normally. In this instance, knowing that huge crowds of violent watchers were expected, they should have at least doubled the number to 32 agents per room, with at least 60 in the lobby. They should back spatter and strip grope all the people outside the building in full view of the world, PRIOR to their entering the lobby. They also need checkpoints set up for before and after leaving restroom stalls, with at least 12 armed guards inside each bathroom. In fact, it would be perfect if each patron had a TSA agent to go inside the stall with them. They also need to be stationed at the concession counters, in order to test all the drinks and popcorn for explosives. The government is responsible for preventing this kind of terrorism!

    The patrons need to sue the government for let’s say, hmmmmm, 15 trillion dollars?

    Of course bear in mind that the cost of the extra agents will be born by the American people so new taxes will need to be raised immediately. Ya’ll all open your hearts and your tax pocketbooks a bit more, to make way for all the additional security that we need. I am SO glad we have DHS and TSA now so that we can feel safe at last!

  15. Tony:

    I see your point to a degree, but consider this: Do you want to live in a society where every building, every gathering of people, every playground, every parking lot, is expected to maintain the tightest security imaginable, where people have to plan for terrorism and make a fortress like garrison of the millions of structures and places that people are likely to be within?

    That is what would be required. One could say that simply putting alarms or locks on the doors would deter the terrorist minded individual but the next step would be if these devices failed to stop an incident, the response would be they were inadequate and the building owner “should have installed” better devices and the security required spirals upward for everyone.

    Also consider this. A person could easily conceal five guns, a couple sticks of dynamite and probably two hundred rounds of ammo in magazines and all that would be visible to the outside would be that a large winter coat was worn. How would an alarm at the back door prevent a person such as this from simply walking into the building like the other 200 or so persons? Yes people could all be required to go through an airport security x-ray device and/or a patdown. But does society want to go through this on every occasion they enter a public building or place?

    But I suppose it might be worthwhile at least to put up Window Dressing such as these alarms because that is really all that it is. Maybe it might deter the fool who cannot think one step beyond the measures but the determined is not going to be deterred. That a theater might put up the window dressing, they might be able to argue in a future tort claim they took “appropriate measures consistent with common security practices in the industry” and maybe shield themselves at least partially to being successfully sued,

    I suppose a middle ground might be that larger, more attractive events to those intending harm to others would be ones to provide greater security to might be worthwhile but again, how much do we want to live with.

    Thanks for your input Tony.

  16. AY and Malisha,

    That is why I said that the alarm should AUTOMATICALLY cause the film to stop and the lights to come on.
    Thus getting the attention of everybody.

    A pre-recorded announcement could be played: “The security of the exit doors has been breached. Security is checking it now. Please be alert. A message will follow in five minutes. Please feel calm and secure. We are working to protect you. Thank you.”

    A followup announcement should say that patrons who feel they wish to leave will receive refund chits in the lobby.

  18. Why is it reasonable to expect the patrons of the theater to listen to the alarm? I can see you point but on the big scheme of things….. It’s unreasonable……

  19. pete9999,

    you may be right in their not saying “ladies first”.

    But she may have been groupie gaping and did not dive in time to reach the bottom of the pile.

    damn good joke anyway.

  20. TonyC,

    Right on target.

    To add: Any theater MUST have secure exit doors with alarms and connection to automatic lighting, movie stoppage, etc IMHO.

    The audience is otherwise sitting ducks for any passing terrorist who opens a door and casts in an
    explosive. What ever the motive may be.

    We live for various reasons, inescapably, in the age of terror. Defensive measures should obviously be used as here named.

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