1. On what theory or theories, if any, can Kelly recover from movie theatre?
Kelly v. Movie Theatre
Negligence
Negligence is conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm and is proven by the following elements: a duty of care was owed by a defendant, that duty was breached, and that breach was the actual and proximate cause of the damages to the plaintiff.
Special Duty-Land occupier, Business Invitee The movie theater is the land occupier, one in possession of the property. Kelly is a customer of the movie theatre, a business invitee. The land occupier owes a duty of reasonable care to the business invitee to inspect and discover dangerous activities and make the…show more content… This can include expenses already incurred or expenses in the future, if proven and specifically plead. They must be reasonable, foreseeable, and not to remote.
If Kelly incurred any special damages because of her injury, such as future physical therapy or medical expenses for her shoulder, or lost wages as a direct result of her injury, she should be able to recover for special damages.
Cindy & Sandy v. Movie Theatre
Negligence
Negligence is conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm and is proven by the following elements: a duty of care was owed by a defendant, that duty was breached, and that breach was the actual and proximate cause of the damages to the plaintiff.
Duty-Ordinary Trespassers-Presence unknown An ordinary trespasser is someone that comes onto another’s land or property without consent from the land occupier. There is no duty owed to trespassers on the property, nor to discover their presence.
Cindy and Sandy are unknown trespassers and the movie theatre does not owe a duty of care to them. Cindy and Sandy will not be able to recover damages from the movie…show more content… It is intended to prevent a particular harm and protect a particular class that could be harmed if the safety regulations weren’t in place.
The statute in this case requires that “All movie theaters illuminate the auditorium aisles with one candle unit of light per linear foot. This will allow patrons to leave safely in case of an emergency.”
The regulation was put in place to protect patrons of the movie theatre from injury by requiring adequate lighting in the auditorium aisles to prevent injury. Ed was a patron of the movie theatre and the movie theatre is negligent per se.
Special Duty-Land occupier, Business Invitee
The movie theater is the land occupier, one in possession of the property. Ed is a customer of the movie theatre, a business invitee. The land occupier owes a duty of reasonable care to the business invitee to inspect and discover dangerous activities and make the premises safe or exercise due care to warn of the dangerous conditions.
The movie theatre had a duty of care to Ed.
Breach
Breach of duty is the failure to live up to the standard of care owed that exposes others to an unreasonable risk of
