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19 Sufflok U. L. Rev. 137 (1985)
Tort Law - Theatre Has Affirmative Duty to Protect Patrons from Intentional Criminal Acts of Third Parties

handle is hein.journals/sufflr19 and id is 157 raw text is: Tort Law-Theatre Has Affirmative Duty to Protect Patrons From Intentional Criminal Acts of Third Parties-Silva v. Showcase Cinemas Concessions of Dedham, Inc., 736 F.2d 810 (1st Cir. 1984). The owner and operator of a theatre must exercise reasonable care to prevent injury to paying patrons on theatre premises.' This duty includes the protection of patrons from the intentional acts of third parties if, based on past experience, it is reasonably foreseeable that the conduct of third parties will endanger patrons.2 In Silva v. Showcase Cinemas Concessions of Dedham, Inc.,3 the United States Court of Appeals for the First Circuit considered whether a theatre which did not patrol its auditorium during a film could be held liable for an assault on a patron in the theatre's parking lot.' The court held that a jury could reasonably find that the theatre's failure to adequately patrol its premises was a proximate cause of the patron's death.5 On December 25, 1979, John Silva and three friends went to the Showcase Cinemas in Dedham, Massachusetts to see Quadrophenia, a film depicting violence between two British gangs.6 During the film, another group of people created a disturbance by yelling and bang- ing on their seats.' Silva, along with other patrons, asked the raucous group to quiet down.8 The rowdy group responded with gestures and profane remarks.' At no time during the film did an usher or other 1. See, e.g., Napper v. Kenwood Drive-In Theatre Co., 310 S.W.2d 270, 271 (Ky. 1958) (theatre has duty to use reasonable care to protect patrons from harm); Rawson v. Massachusetts Operating Co., 328 Mass. 558, 558, 105 N.E.2d 220, 220 (1952) (theatre has duty to exercise reasonable care to prevent injury to patrons); Mears v. Kelly, 59 Ohio App. 159, 164-65, 17 N.E.2d 386, 388 (1938) (theatre operator must exercise reasonable care to meet reasonably an- ticipated hazards and dangers). See generally W. PROSSER, HANDBOOK OF THE LAW OF TORTS § 61, at 385 (4th ed. 1971) (theatre owner has affirmative duty to protect customer from known dangers and those discoverable by exercise of reasonable care). 2. See Nash v. Stanley Warner Management Corp., 165 A.2d 238, 239 (D.C. 1960) (theatre operator must exercise reasonable care to protect patrons from reasonably foreseeable assaults); RESTATEMENT (SECOND) OF TORTS § 344 (1965) (land possessor liable to public for harm caused on premises by foreseeable intentional acts of third parties); W. PROSSER, supra note 1, § 61, at 395 (land possessor must act as reasonable man to avoid harm to invitees from intentional acts of third parties if acts foreseeable from past experience). 3. 736 F.2d 810 (1st Cir. 1984). 4. Id. at 811-12. 5. Id. at 813. 6. Id. at 811-12. 7. Id. at 812. 8. Id. 9. Id. Some theatre patrons moved to seats farther away from the raucous group, but Silva's group remained seated nearby. Id.

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