Movie patrons pursue wrongful death claims after deadly shootings
Friday, May 17, 2013 at 4:40PM Traynom v. Conemark USA Inc., No. 12-2514 (U.S. District Court for the Distric of Colorado Apr. 17, 2013) - Source Security Law Newsletter
A federal trial court allowed movie patrons who were injured after a mass shooting at a theater to pursue wrongful death and personal injury claims based on premises liability when it was found that the gunman entered the theater through an unlocked side door.
The theater had off-duty police officers serving as security during weekend and evening shows. A rear door in the theater was unlocked, unmonitored, and did not have an alarm to prevent re-entry. The gunman left the theater to put on body armor, came back in, then left and re-entered again with an assault rifle, shotguns, several rounds of ammunition, and tear gas cannisters. At no time was he approached by a theater employee. Seventeen people were killed and many more injured. Theater employees took no action to evacuate the theater after the shooting or to assist injured patrons.
The District Court held a genuine issue of fact existed as to whether the theater acted reasonably in protecting theater goers and in implementing a rapid safety and exit plan during an emergency.
At IFCPP's Annual Conference (August 3-7, 2013) in San Diego, CA, special sessions on protection during special events and protection in public venues will be presented. Special event security philosophy has remained pretty much the same, until events such as the theater shooting, and the bombings at the Boston Marathon. Additional measures and advanced tactics are called for. Join the discussion group and hear the advice of seasoned professionals at IFCPP 2013!