There are 13 victims filing lawsuits against Cinemark, the owner of the theater where a gunman killed twelve people and wondered others in one of America’s most devastating shooting massacres ever. They seek a variety of damages under premises liability, wrongful death and negligence claims.
U.S. Magistrate Michael E. Hagerty wrote a recommendation in which he suggested that some of the charges be dropped and others upheld.
Hagerty, along with Cinemark’s attorneys, says that the Colorado Premises Liability Act (CPLA) restricts the number of damages a victim can claim.
“The Colorado Supreme Court has made clear, and other courts have agreed, that the CPLA has abrogated all common law torts against landowners in Colorado,” Hagerty wrote. “Therefore, so long as a person alleges injury that occurred on the property of another and arose out of a condition of the property or by activities conducted on the property, the claim must be brought solely under the CPLA.”
In other words, if you file a lawsuit against a negligent property owner for violating the CPLA, you cannot seek additional damages.
While he recommended dropping those additional charges, he acknowledged that the original premises liability claims have potential. He says that if the theater hired extra security in the past for busy nights, it could have done the same for the highly anticipated Batman movie. Hagerty also acknowledged that the theater’s lack of wired door alarms on emergency exits could be considered a safety risk.
When you invite someone onto your property, either as a guest or a customer, you have certain legal obligations to provide a degree of safety. If you feel like someone ignored these obligations and serious injuries occurred as a result, call (866) 377-3800. Schedule a free consultation and we can review your case for free.
Metier Law Firm, LLC – Wyoming and Colorado accident attorneys