California Movie Theatre Facing Wrongful Death Suit after Child Chokes During Screening

The family of a young boy with Down Syndrome who died after choking on a hot dog during a screening at a Bakersfield, California movie theatre have filed a wrongful death suit in Kern County Court.

According to the suit, which was filed in mid-August, the 14-year-old boy was at the movie theatre in October of 2012 with his grandfather, when they purchased a hot dog from the concession stand. During the film, the grandfather noticed the boy was choking and attempted to offer aid, but experienced difficulties due to the dark lighting and loud audio from the film.

The lawsuit also cites the cinema staff’s “unreasonably long” response time, in addition to the fact that employees allegedly refused to turn on the lights or reduce the level of the audio. Cinema employees allegedly cited the theatre’s policy, which precluded staff from interrupting the film once it had started.

Despite his efforts, the boy’s grandfather was unable to assist him, and was, according to the claim, forced to witness his grandson suffocate as employees allegedly looked on, without action, while critical moments passed.

Wrongful Death Cases

Dealing with the sudden passing of a loved one is never easy. However, when that death comes as a result of negligence, specifically criminal negligence on the behalf of another individual or entity, it is typically classified as wrongful death.

There are a number of situations that can result in wrongful death. However, there are typically some scenarios that are fairly consistent with these types of legal claims, including cases related to:

  • Drunk driving or driving under the influence
  • Contractor or architectural error
  • Medical malpractice, including misdiagnosis or improper care
  • Dangerous prescription drugs
  • Slip and fall or other premises liability matters

Unlike other personal injury cases, wrongful death claims can only be filed by certain individuals – specifically, the immediate family of the deceased. However, there are cases where state law may allow for other individuals, including those overseeing an estate or a beneficiary.

Have you suffered the sudden, unnecessary loss of a loved one due to the negligent action of another? If so, it is important that you contact a personal injury attorney as soon as possible, in order to explore compensation or other damages that you may be entitled to.

Wrongful Death Attorneys in Los Angeles

If you reside in the San Fernando Valley or the surrounding areas of Greater Los Angeles, our wrongful death attorneys at Fox and Fox Corporation can assist you and your loved ones with the filing of a personal injury claim. We understand that dealing with the sudden loss of someone you love is never easy, and that’s why our team of personal injury specialists is committed to helping you and yours find the justice you deserve.

We have a great deal of experience with handling wrongful death claims, and can provide the sound legal counsel you need during this difficult time.

As a convenience for prospective clients, we are happy to offer a free confidential consultation, to help assess your claim as quickly as possible. To schedule yours now, contact the wrongful death attorneys at The Fox and Fox Corporation at (818) 986-4494.