Sore Seat 
2003 Reader Submission
Pending Acceptance
Warning: movie seats can harm your health
By Sarah Crichton
A teacher's aide who was unaware cinema seats retracted has won her case against Hoyts cinemas after hurting herself at a trip to the movies.
The win could force cinemas, theatres, sports stadiums and even Sydney Opera House to warn the public of the possible dangers of their seating.
Described as "not a regular filmgoer", Diane Burns won her appeal for negligence against Hoyts in a judgement handed down yesterday.
The teacher's aide had been on an outing to Hoyts' Bankstown cinema with two disabled children and another carer in March 1997.
While sitting down in the cinema, the child she was caring for became rowdy.
s Burns got up to calm him down, unaware, she claims, that her seat retracted after she left it. When she went to sit back down she crashed with the seat's metal support structure and injured her tailbone and lower spine.
In the original ruling in February last year, Judge Susan Gibb said cinema seats were not inherently dangerous and that it was not unreasonable for Hoyts to expect customers to be aware that they retracted.
The absence of warning signs was irrelevant, she ruled.
An expert called at the trial noted there was no Australian standard covering theatre design, but that the seats were normally in the upright position and were used for easy access.
In the NSW Court of Appeal, however, Justice Charles Sheller ruled Ms Burns might have acted differently had she first "been warned of the dangers associated with the retraction of the seats".
"The display of a warning to patrons in the foyer before entering the cinema and in the cinema was a simple matter," he said, even suggesting the sign might say: "Take care. Seats retract automatically. Ensure your seat is down before you sit."
A new District Court trial will now be set to determine damages.
Hoyts' insurers, a public liability company, will also be liable for the costs of the first trial, the appeal and the coming trial.
Neither Ms Burns nor Hoyts chief executive Paul Johnson could be reached for comment yesterday.
Lawyers representing the company's insurers also declined to comment before the new trial.
This woman deserves an honourable mention, she should have known to pull the seat down because she did when she fist sat down.
Submitted on 02/09/02
Submitted by:
Nick Britton
Reference:
http://www.smh.com.au/news/020
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