Q: Do I have a viable claim against the theater or MPAA for negligence not accommodating a class protected by ADA et al?
I suffer from blood-injury-and-injection phobia and anxiety.
Sunday afternoon I was at a Regal theater to watch a drama film. To my surprise, graphic content full of blood and lifelike surgeries started playing. With nausea overwhelming me I proceeded towards the exit. I sensed the coming black out so I hoped to reach a bench before that. Sadly, no seating was to be found except for what felt like miles away out in the lobby.
I later learned that I collapsed twice on the floor amidst the weekend movie crowds passing by. I got several head bumps, a chest wound, a severe and continuing back pain and 1 guest pass to compensate for the movie I couldn’t attend!
Thesis:
MPAA is a publicly-entrusted and influential trade association performing regulator duties, suggesting a duty of care. Assigning warnings for triggers of mental conditions that the courts affirmed as disabilities wouldn't be a “fundamental alteration” given their existing child-focused rating system.
A:
much more info needed.
I have never heard of a condition like yours and suspect it is incumbent on YOU to check on films you go to see to be sure there are no scenes that could hurt you.
anyone can sue at any time for anything but I certainly would not accept the case on a contingency...and I don't think you want to pay a lawyer on an hourly.
A: The ADA is concerned with denial of equal access to facilities and services. You got equal access, but didn't like it. The MPAA is not the only source of information on content of films. You are free to research dozens of film reviews online to determine whether such entertainment is appropriate for you. You obviously know of your sensitivity to violence in films, and you are obviously aware that films often carry graphic depictions of this. As such, you are negligent for failing to investigate and you have assumed the risk of exposure to such images when you enter the theater.
A:
An attorney defending such a claim could raise questions about how readily it could have been learned that such a film might contain such scenes.
Tim Akpinar
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
