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Legal Problems 425
take legal action simply because of the grievance felt, even if the possibility of getting damages were slight. The manager who insists "the law is on my side," and does not show a personal interest in the injured patron, or try by sympathy and patience to make the patron feel his interest, not only sends away a disgruntled patron but makes possible circulation of comment which would not be favorable to the theatre. Every legal action brought against the theatre creates unpleasant publicity. Word-of-mouth comment is a powerful factor that should be considered in this connection, and every reasonable effort should be made to avoid legal action.
The Loss of Patrons' Property.
In cases where the management is charged with liability for the loss of articles belonging to patrons attending the theatre, the main point at issue is whether or not the management is responsible for the loss.
In general, the management is not considered an insurer against the loss of patrons* property. However, reasonable care to protect such property is legally expected. It is generally agreed that the display of notices reading, "The management is not responsible for the loss of property belonging to patrons," does not excuse carelessness in reasonably safeguarding the patrons' property. It is not good policy to display such notices within the theatre, or to print such notices on the theatre ticket or on the theatre program. They are of no advantage and cause an -unfavorable impression.
Theatres that have a check room where patrons' property can be left, are not liable for the loss of property from this check room unless the loss is due to the negligence of employees. Articles damaged in the check room do not necessarily impose a liability on the management. The matter of negligence is the point at issue. Circumstances determine for each case the amount of safeguarding and care reasonably expected from the management. This is a matter of litigation. If a patron explains that a deposited article is of extreme value and requires that it be particularly safeguarded, and despite this request the management is negligent, the possibility of liability is very strong. Consequently, a check-room employee