Essay on Kelly V. Movie Theater

1950 Words Oct 4th, 2012 8 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
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Negligence Per Se – Violation of Statute

Negligence per se by violation of statute is where there is a clear intent to legislate in order to protect a class of persons to be protected from the type of injury suffered. To establish negligence per se, you need to look to the intent of the legislature in creating the statute, you must be a member of the class the statute is designed to protect and the injury must be the type the legislature is trying to prevent. Under majority jurisdictions, violation of the statute means the defendant is negligent as a matter of law establishing both a duty and a breach. Under some minority jurisdictions, violation of the statute creates a rebuttable presumption of negligence, while in other minority jurisdictions it is only evidence of negligence.

Movie Theater is required to illuminate the auditorium aisle with one candle unit of light per linear foot. The intent of the legislature is to protect persons from being injured in the Theater who need to leave safely in case of an emergency when they leave the Theater.

Further, the legislature intended to protect Patrons of the Theater. As such, Ed was a patron of the Theater and is a member of the class that the statute was designed to protect.

Although the movie Theater has illuminated auditorium aisles a patron spilled his super giant coke on the floor shorting out the floor lights for the entire auditorium. The movie Theater sells

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