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Colorado theater shooting victims sue movie theater owners

The three injured moviegoers claim that the theater failed to provide adequate security personnel and equipment

Three victims of the Colorado movie theater shooting filed lawsuits Friday against the theater’s owner, claiming that its inadequate security procedures failed to prevent the attack that killed 12 people and injured another 58.

Joshua Nowlan, Brandon Axelrod and Axelrod’s wife, Denise Traynom, filed two separate lawsuits against Cinemark Theaters, the parent company of the Century 16 multiplex in Aurora, Colo. All three plaintiffs were reportedly wounded in the shooting, which occurred at the midnight premiere of “The Dark Knight Rises.”

Just before the shootings, suspect James Holmes allegedly left the theater through an exit door that he propped open, retrieved ammunition, weapons and protective gear from his car, and then reentered the theater to open fire.

The lawsuit argues that “readily available security procedures, security equipment and security personnel would likely have prevented or deterred the gunman from accomplishing his planned assault on the theater’s patrons,” according to a statement from the plaintiffs’ lawyers.

In July, shooting survivor Torrence Brown Jr. reportedly hired an attorney to file a suit against the movie theater, suspect James Holmes’ doctors and Warner Brothers, the studio behind the “Batman” movie trilogy. At the time, some experts predicted that Brown, and other potential plaintiffs, could have a hard time proving liability in court. To win a case against the theater, plaintiffs would likely have to show that the theater anticipated, or could have anticipated a threat.

Read more at Reuters and the Los Angeles Times.

For more InsideCounsel coverage of the Colorado theater shootings, see:

Colorado shooting plans to sue theater, suspect’s doctors and Warner Brothers

Batman studio likely not liable in Colorado theater shootings

Alanna Byrne

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