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Author Topic: Lawsuits against Movie theatres Kamakshipalya Dhananjay Expert Film Handler Posts: 190 From: Bangalore, India Registered: Aug 2002 posted 12-23-2003 06:19 AM                     I have read or heard little about lawsuits brought against movie theatres in the US. Particularly, in the realm of 'negligence' or 'breach of duty' or 'standard of care' or 'tort law', anybody here know about a case or two ? I mean cases which did proceed to trial and on which a judgement, order or decree was rendered though the case may have been appealed or otherwise dissented from in a subsequent case before a higher constitution or bench of Judges exercising powers of appellate review over the bench whose decision was dissented from. I am curious to know if any suit was ever brought against any theatre for 'poor presentation' levels or for 'gross or negligent disregard of engineering, trade or scientific standards governing or prescribing presentation standards inside movie theatres'.  |  IP: Logged Edward Jurich Master Film Handler Posts: 305 From: Las Vegas USA Registered: Jul 2003 posted 12-23-2003 08:12 AM                     I don't think anyone would even think of suing a theater for poor presentation. Most people would probably just stop going to a theater that was poor and rent DVD's at home instead if that was the only option. I once got my money back, I left after a few minutes of watching a picture with the shutter out of sync and demanded my money back. Then there was the time that after 15 minutes of an out-of-focus picture, I went to the lobby and asked the kids standing around if anyone knew how to focus a projector. I got dirty looks but the picture did get focused.  |  IP: Logged Richard Fowler Film God Posts: 2392 From: Ft. Lauderdale, FL, USA Registered: Jun 2001 posted 12-23-2003 08:52 AM                     Most of the lawsuits my clients have experienced has been injury suits. One cinema we served years ago had almost weekly slip and fall accidents in their lobby which finally forced them to close ( now a performing arts center with a new lobby floor ). A circuit paid $25,000 to a customer after a ceiling tile fell on a customer during a show. There are some ADA issues regarding handicap issues that AMC and others have had to address. Presentation quality or film story quality is usually more subjective......as a former business partner when I was operating cinemas used to say, "We are always providing a fine presentation or film to the public, we personally may not agree but someone out there may like what they see.  |  IP: Logged Martin Brooks Jedi Master Film Handler Posts: 900 From: Forest Hills, NY, USA Registered: May 2002 posted 12-23-2003 05:31 PM                        quote: I don't think anyone would even think of suing a theater for poor presentation Frankly, I almost wish someone would.  |  IP: Logged Steve Kraus Film God Posts: 4094 From: Chicago, IL, USA Registered: May 2000 posted 12-23-2003 07:19 PM                    You would need to demonstrate harm otherwise your damage would only be the amount of a ticket. Unless you think you can get punitive damages to punish the theatre for foisting bad presentations on an unsuspecting public. But most probably the judge would toss it as frivolous. "You don't like it? Don't go back." would be the attitude.  |  IP: Logged Gordon McLeod Film God Posts: 9532 From: Toronto Ontario Canada Registered: Jun 99 posted 12-23-2003 08:23 PM                     Well considering litigulous America I guess a guy could claim he brought a new date to the movie after an expensive dinner and the performance was so bad and broke down so often she ditched him sue for the meal sue for the pain suffering and the loss of possible lets go for the juggler  |  IP: Logged William Hooper Phenomenal Film Handler Posts: 1879 From: Mobile, AL USA Registered: Jun 99 posted 12-24-2003 12:32 AM                        It seems like it would be impossible, to sue for a bad show, due to the somewhat ephemeral nature of performance. Nobody promises that everyone will like the show. On the other hand, for simply technical issues, I think that there could very easily be a good case made. Projection is technical reproduction to specified standards, & if the theatre is presenting itself as meeting those standards & knowingly &/or repeatedly does not, then it looks like fraud to me. You could even throw out SMPTE's RP's; technical aspects of reproduction include focus, frame, "digital sound", even fidelity of analog sound reproduction, image quality when "film" is advertised & video is shown, etc.  |  IP: Logged Thomas Procyk Phenomenal Film Handler Posts: 1842 From: Royal Palm Beach, FL, USA Registered: Feb 2002 posted 12-24-2003 12:09 PM                     Well, I could see where damages could occur. Take a high-profile picture like Star Wars or LOTR for example. That situation where, during one of the epic battle scenes the reel came on upside-down and the show had to be stopped for a half hour -- TWICE -- could entitle the entire audience to a nice class-action lawsuit. After all, it was an event picture that many have been anticipating for a long time and to have the presentation ruined like that could cause a lot of anguish. Not to mention not being able to re-watch it since you saw most of the movie already. Or the situation with Star Wars Episode 1 where a theater played one of the latter reels first, ruining the outcome of a film people have been waiting for for over 10 years. Yeah, that could warrant a lawsuit. =TMP=  |  IP: Logged Dennis Benjamin Phenomenal Film Handler Posts: 1445 From: Denton, MD Registered: Feb 2002 posted 12-26-2003 02:51 AM                        Can you sue a restaurant if their food isn't just right?  |  IP: Logged Leo Enticknap Film God Posts: 7474 From: Loma Linda, CA Registered: Jul 2000 posted 12-26-2003 08:45 AM                        quote: Well considering litigulous America I guess a guy could claim he brought a new date to the movie after an expensive dinner and the performance was so bad and broke down so often she ditched him... sue for the meal quote: Can you sue a restaurant if their food isn't just right? Ironic... I once went on a date and we both ended up getting severe food poisoning. The choice of venue was a bit difficult, because she was vegetarian and I am totally allergic to dairy fat (meaning that I cannot eat anything which contains milk, butter, eggs or cheese). So after much negotiation we settled on a local fish restaurant which we'd both been told was very nice. We had the same starter (Craster kippers) but different main courses. The evening ended in a distinctly unromantic vein: within three hours we were both suffering intense stomach pain with bouts of vomiting and diahorrea (sp?). It must have been the kippers wot done it, because that was the only thing we both ate. I wasn't back to normal for over a week, and needless to say that was the first and last date... I thought about suing the place but in the end settled with a 'phone call to the council's environmental health police. I hope they gave 'em hell...  |  IP: Logged Eric Hooper Jedi Master Film Handler Posts: 532 From: Fort Worth, TX, USA Registered: May 2003 posted 12-26-2003 12:33 PM                     Isn't there some lawsuit going on right now about the rolling stock commercials and the actual start time of movies not starting until 20 minutes or so after the advertised start time?  |  IP: Logged

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