Kelly V. Movie Theater Essay

1956 WordsOct 3, 20128 Pages
A. Kelly v Movie Theater: Negligence Negligence requires a showing that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damages. Special Duty – Land Occupier - Invitee A special duty arises in circumstances involving a land occupier. An invitee is one who enters the land with the owner’s permission for the purpose related to the activity. The landowner owes an invitee a duty of care to inspect and discover any dangerous condition and to make the premises safe. Kelly went to the Movie Theater to see a movie. Hence, Kelly is a social guest entering with Movie Theater’s permission and thus an invitee. Because Kelly was an invitee, The Movie Theater owed a duty to Kelly…show more content…
Their failure to warn Cindy of the cord across the movie aisle, and the failure to make sure persons using the restroom would be able to see the sign created a dangerous condition which was a breach of their duty of due care. Therefore, Movie Theater breached their duty of due care. Actual Causation “But for” Movie Theater’s failure to properly warn of the cord running across the aisle and the failure to properly warn of the wet restroom floor, Cindy and Sandy would not have been injured. Thus, Movie Theater was the actual cause of Cindy’s and Sandy’s injuries. Proximate Causation Cindy and Sandy will argue that there injuries from their falls was a foreseeable result from falling over a cord that was across the aisle and a wet floor in the restroom. Movie Theater will argue that the independent contractor who was cleaning the Theater left the plugged cord from the vacuum across the aisle and he was an intervening act. However, the independent contractor may be an indirect act, but foreseeable and thus will not sever causation to relieve defendant of liability of the intervening negligence. As discussed Movie Theater failed to properly warn Cindy of the cord and Sandy of the wet floor, and therefore it is foreseeable one could be injured by water on the floor. Therefore, Movie Theater is the proximate cause of all of Cindy’s and Sandy’s injuries. Damages Defined supra. Cindy and Sandy

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