Cinema seating reviewed
You may recall the case of Burns v Hoyts Pty Ltd (2002) Aust Torts Reports 81-637, discussed in the Winter 2002 edition of the Client Newsletter. This case examined the issue of retractable cinema seating and whether or not the cinema owner was liable for injuries suffered by a patron who fell after attempting to sit back down on a retracted cinema seat. The plaintiff was not a regular cinema go-er and was not aware that the seats retracted when you stood up. The trial judge found in favour of the cinema owner, stating that it was not negligent in failing to warn the plaintiff of the retractable nature of the seating. The trial judge found that the presence of warning signs in the cinema would not have altered the plaintiff's conduct in the circumstances. On appeal, the Court of Appeal reversed the trial judge's decision and awarded the plaintiff damages. The Court of Appeal found that the presence of warning signs would have made a difference to the behaviour of the plaintiff and, as such, the absence of any warning constituted a breach of the duty of care owed to her. The High Court of Australia has now examined the issue after a further appeal by the cinema owner.
The High Court reversed the Court of Appeal's decision, finding that it erred in interfering with the original trial judge's decision that found in favour of the cinema owner. The High Court examined the facts of the case and the findings of the trial judge and concluded that the Court of Appeal had no basis to reverse the findings made about the design of the seating and, more importantly, conclusions drawn about the effect of a warning sign on the plaintiff's behaviour.
The High Court examined the case law on warning signs and concluded that the circumstances in this case revealed that the presence of warning signs would not have altered the plaintiff's behaviour or avoided the injuries she sustained. The High Court did not, however, discount the effect of warning signs, confirming that such signs and notices remain an effective means of accident prevention in many situations.
Disclaimer:
The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from our office. | 
