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TOPIC: Lesson in being Careful

Lesson in being Careful 03 Jun 2008 09:41 #18762

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http://www.setexasrecord.com/news/213091-dad-files-suit-against-theater-after-son-falls-in-restroom

Dad files suit against theater after son falls in restroom


6/2/2008 12:52 PM
By Marilyn Tennissen



Regardless of what was showing on the screen, a Beaumont child gave his experience at a local movie theater "two thumbs down."

While seeing a movie at the Tinseltown theaters, Randell Parquet III slipped and fell in the men's restroom. Randell Parquet Jr., has now filed a personal injury suit against the theater and its manager on behalf of his minor son.

The suit was filed May 30 in Jefferson County District Court against Cinemark USA doing business as Tinseltown Beaumont and Andrew S Bucdayan.

According to the plaintiff's original complaint, the younger Parquet was at the movie theater located at 3855 Interstate 10 South on May 31, 2006.

"Minor Plaintiff was in the men's restroom facility when he fell on a wet, liquid, slippery and clear substance that was on the floor," the suit states. "Defendant, by and through its employee(s) failed to warn customers, like Minor Plaintiff, of the dangerous condition, wet floor."

The plaintiffs claim that the defendants had a duty to protect Parquet from defects and/or dangerous conditions on the property, and that defendants are liable for Parquet's injuries because of negligence.

In addition, the suit alleges that the employees did not exercise reasonable care to reduce or eliminate the risk to customers like Parquet.

"Defendant's employee knew or should have known that the wet and slippery floor in the men's restroom created a risk to patrons like Minor Plaintiff Randell Parquet III," the suit states. "Defendant failed to warn patrons, like Randell Parquet III, of the hazards of the wet floor and failed to post 'wet floor' signs or warn patrons of the wet and slippery floor. Defendant's failure to use reasonable care proximately caused Plaintiff's injuries."

The suit alleges that as a result of the slippery floor, Parquet fell and suffered "severe personal injuries," including permanent bodily impairment, physical disfigurement, past and future physical pain and mental anguish and past and future medical expenses.

The plaintiff is seeking compensatory damages, interest, court costs and other relief.

Charlton P. Hornsby of Beaumont is representing the plaintiff.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Case No. D181-833

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Re: Lesson in being Careful 03 Jun 2008 12:52 #18763

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I am not too familiar with the law on this. I am wondering if the plaintiff has to prove that the defendant (the theatre) knew about the "clear liquid" on the floor and failed to do anything about it, or if they are negligent because they should have checked to make sure the floor was dry?

I just don't think it should be the theatre's fault if they had just shecked the bathroom and then after the employee left the customer in the bathroom right before the plaintiff pumped soap from the dispenser onto the floor? Do you think if they can prove that they do check the bathrooms regularly and that this hazard did not exist the last time they checked the bathroom they might be able to win? I am just curious what the laws on this tyoe of thing are if anyone knows?
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Re: Lesson in being Careful 03 Jun 2008 15:27 #18764

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Perhaps the theatre had just mopped the floor,it was wet, they didn't have any caution signs out, and the child fell?
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Re: Lesson in being Careful 05 Jun 2008 07:51 #18765

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Last year I had a mother come out to complain that her child had fallen over on the wet floor in the toilets and that there should be a sign..she rushed off before i could even utter sorry (I did call after her..but she was too fast) I immediately went in to see about the mess..there was about 5 drops of water near the sinks..that was it!! I video'd the floor just incase anything came of it..but it never did..so one persons wet floor, may just be a couple of drops of water and they have poor soles on their shoes.
That article didn't really say if the floor had been mopped or what the actual condition is..if it was mopped an no sign, then i say it is the cinemas fault..but if its just a few drops in a wet area such as in front of a sink..then I say no..its just an accident
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Re: Lesson in being Careful 07 Jun 2008 21:35 #18766

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This sounds like a gold-digging effort to me.
People slip - it happens. Only the gold-diggers sue.
I've had people fall down our steps and not sue - they admitted it was their clumsiness, not my steps at fault.

The only time someone sued was a definite gold-digger. Turns out one of the brackets on a stair rail was broken. He obviously saw that as an opening. He comes up to me claiming he fell and re-injured his back the day before when he "fell" because of the rail.
No one saw it except his wife, supposedly. It was a he-said, I-said thing.
My insurance company decided to settle for a couple thousand dollars.
It was sad and stupid... but it was the best and cheapest thing to do.
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