March 6, 2013
When a person is killed in a tragic accident, the case must be examined in detail to determine what types of compensation claims should be filed.
A prime example of this need was discussed recently in an article published by the Denver Post. The story explained how civil lawsuits filed against an Aurora, Colorado, movie theater—where a mass shooting occurred this past July—have moved through the judicial system.
Following the shooting, victims and their families filed 10 lawsuits against the theater. The victims claimed the theater was directly responsible for their loved ones’ deaths and injuries due to a weak security system. In seven of those cases, a magistrate judge ruled the Colorado Wrongful Death lawsuits should be dismissed, as the theater’s security was not responsible for the actions of the shooter.
Instead, the cases were allowed to move forward if examined in relation to the Colorado Premise Liability Act. This law states a landowner has an obligation to protect the safety and health of anyone on his or her property.
The lawsuits now argue the theater should have better anticipated the shooting, considering there were approximately 100 emergency calls from the business in a four-month period.
The Denver Personal Injury Lawyers at the McDivitt Law Firm are available anytime to examine a case regarding an injury or loss of a loved one to help determine what type of rights to compensation a person may have.