Kelly V. Movie Theater
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 to inspect the premises, discover, and remove any known dangers.
Breach
The Movie Theater knew that restroom sink pipe was broken and did not warn Kelly, or any other patron, of the leaky sink pipe in the restroom. Theater did not warn of water in front of the restroom sinks. Their failure to warn Kelly of the dangerous condition was a breach of their duty of due care.
However, the Movie Theater will argue that they did call for a plumber to fix the pipe and the plumber could not come until the following day. Further, they sent an employee into the restroom to mop up the water every 15 minutes. However, Movie Theater should have placed some type of warning of the water.
Therefore, Movie Theater breached their duty of due care owed to Kelly.
Actual Causation
“But for” the failure to warn of the water in front of the restroom sink in the girls restroom Kelly would not have slipped on a puddle of water and suffer a painful shoulder injury.
Thus, the Movie Theater is the actual cause of Kelly’s injuries
Proximate Causation
It is foreseeable if you fail to warn of a puddle of water on the floor, that one could slip and become injured.
Therefore, Movie Theater is the proximate cause of
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 to inspect the premises, discover, and remove any known dangers.
Breach
The Movie Theater knew that restroom sink pipe was broken and did not warn Kelly, or any other patron, of the leaky sink pipe in the restroom. Theater did not warn of water in front of the restroom sinks. Their failure to warn Kelly of the dangerous condition was a breach of their duty of due care.
However, the Movie Theater will argue that they did call for a plumber to fix the pipe and the plumber could not come until the following day. Further, they sent an employee into the restroom to mop up the water every 15 minutes. However, Movie Theater should have placed some type of warning of the water.
Therefore, Movie Theater breached their duty of due care owed to Kelly.
Actual Causation
“But for” the failure to warn of the water in front of the restroom sink in the girls restroom Kelly would not have slipped on a puddle of water and suffer a painful shoulder injury.
Thus, the Movie Theater is the actual cause of Kelly’s injuries
Proximate Causation
It is foreseeable if you fail to warn of a puddle of water on the floor, that one could slip and become injured.
Therefore, Movie Theater is the proximate cause of