Police Officer 4

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Q: I am a police officer.  Off-duty, I was working part-time as a security guard at a movie theater.  While attempting to prevent the assault of one patron by another, I myself was assaulted.

A: The owner had a non-delegable duty to keep the theater safe.  At trial, the owner will argue that evidence concerning security at other theaters is relevant, and your attorney will argue that other theaters are not comparable.  Your attorney will also seek to introduce the owner’s internal employee guidelines –to establish that the owner lacked any guidelines for handling security issues.

Generally, what safety precautions may reasonably be required of a landowner is almost always a question of fact for the jury.  Moreover, because the criminal actions of third parties are a normal and foreseeable consequence of an owner’s negligence, there is seldom a basis to instruct the jury on the defense of superseding causes.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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