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424 Building Theatre Patronage
ment be inspected regularly. If the theatre manager can show that his seats are inspected daily for loose wires, protruding nails and screws and splinters, the evidence of such inspection will count very much in his favor.
The management is liable if patrons are injured by theatre employees who cause the injury while acting within the scope of their assigned duties. For instance, if a patron is struck by an usher because he refused to follow the usher's instruction, it would be held that the usher, acting in the capacity of his official duty, had caused the injury, and the management is liable. However, if the employee who causes injury does so when not in the performance of his regular duties, the liability for the management does not exist. For instance, if a member of the orchestra struck a patron during a personal disagreement in the lobby of the theatre, the management would not be liable, because in this case the musician was not acting within the scope of his official duties. Injury sustained solely through the patron's own carelessness, does not impose a liability on the management. If, while a marquee sign was being hung, it slipped and injured a passerby, the management would generally be liable.
Caution.
A useful caution in this connection is to keep a complete record of every detail of an accident that occurs about the theatre. The theatre manager in preparing this report should be aware of those facts which determine the liability. These reports should be carefully filed. Every theatre accident may be the basis for a lawsuit. The serious consequences of the accident may not be evident at the time. It counts very much in the theatre manager's favor, if he can show a detailed report of the accident, and also the signed statement of witnesses. Managers have often been saved from serious legal action started by dishonest attempts at accident "frame-ups" because they had available detailed reports of the accident properly witnessed.
Legal action is often averted by the manager's tactful handling of the situation. The stubborn, argumentative manager might so irritate an injured patron that the patron would