My wife fell in a movie theater and fractured her ankle. According to her, she didn't see the steps in front her when she got up from her seat frustrated and angry because people were texting with their cell phones while the movie was playing. Can this be a case of negligence since the theater did not provide staff members to control the crowd, or to correct the cell phone issue?
Common
She might have a case for negligence for her fall if there were supposed to be lights on the steps and weren't (were they burned out?), but there's no cause of action based on the movie theater's failure to keep people from texting.
Dominic
Your clutzy wife fell and you want someone to pay? Typical American entitlement. Put a cast on and suck it up. Just because someone gets hurt they are entitled to a payoff.
AJ
No its not neligence on the movie theater. Perhaps on your wife, though.
bmw4909
It can be but you have to prove that the theater did not give ample "warning" of the steps being there.
Lawyer X
She can file, but I doubt she'd win. Your wife's falling down the stairs is not a reasonably foreseeable consequence of the theater's failure to prevent people from texting on their cell phones.
Gen. Stiggo
I don't know California law, but it doesn't seem to be a case. After all, the texting did not force your wife to get up. She chose to. So the movie theater not having people to stop texting wouldn't be a proximate cause of the accident. It really isn't foreseeable that someone would trip and hurt themselves simply because patrons were not stopped from texting. And had she left for any other reason and tripped, the step would still have been there. It was the step, not the texting that caused her to fall. Finally, she should have known the steps were there, since she used them to get to her seat in the first place.
SemiConsciousLiquid
Disgusting how anybody can sue anybody for their own stupidity in this country.
bdouglasharris
She can sue the theater for an injury occurring on its property, but the whole cell phone thing is absurd.
KingNothing
How dare the theatre turn off its lights during a movie. Sorry for the sarcasm but common, most everyone knows to watch thier step in a dark room. Don't blame the theater for not having ann airport screener to see if you got a cell phone. People make mistakes and your wife made a mistake, simple.
Marc D
I don't think so. if the staff were goofing off and hurt your wife some how perhaps. Because of fires in theaters in the twentieth century fire codes have been improved with part of the codes stipulating that aisles must have lighted paths to exits and that enough light is emitted to see a path to the exit. was your wife wearing high heels? Nobody forced your wife to move she did it freely. I agree people texting in a movie is very rude. There has to be evidence the theatre was negligent. I don't see how they were.
Orignal From: Tips: Can you file a lawsuit on a movie theater for negligence in California?
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