Slips, Screams, and Settlements
A ‘LEATHERFACE’ LAWSUIT LEAVES A MARK
If you’re a horror film fan, you know how common it is for a would-be victim to trip and fall long enough to allow the killer chasing them to catch up and carry out some nasty deed. While this scene is a classic cliché of the genre, it would strike genuine terror in anyone’s heart if it played out in the real world, especially when you’re a 57-year-old woman with her grandchild in tow.
the movies. Instead of breaking character to help them, the actor playing the pretend psychopath continued to menace the two by standing above them with his torturous tool still in his hands. Claiming the incident left her and her granddaughter “extremely fearful and in mental distress and anguish,” Peters later sued Universal Studios for emotional distress and other injuries. After numerous trials, the suit was decided in Peters’ favor, resulting in a $15,000 judgment against Universal Studios for failure to keep its haunted house safe for occupants. While this case occurred in Florida, legal experts have opined that the verdict may have been the same in other states, since an unsafe wet floor wouldn’t be a reasonable expectation for anyone attending a haunted house attraction. While Hell’s High may have succeeded in frightening Peters and her granddaughter, the suit proves that horror-themed entertainment can sometimes be too scary, especially for the defendant’s legal counsel, and Leatherface is best encountered from the comfort of a TV or movie theater screen.
In the late 1990s, Cleanthi Peters accompanied her 10-year-old granddaughter to a Hell’s High haunted house attraction at Universal
Studios in Florida. As their walk-through was about to end, an actor portraying the menacing character Leatherface from the “Texas Chainsaw Massacre” film franchise began chasing them while wielding a fake chainsaw. As the frightened pair began running away from the grotesque antagonist, they slipped on a wet spot on the floor, just like in
Lights, Camera ... No Action?
WHY A REAL-LIFE DUI ARREST IS NOTHING LIKE TV
Popular TV shows like “Law & Order” and “NCIS” have led many people to expect high drama with every arrest: The accused defies police interrogators and demands a lawyer! Two aggressive attorneys battle each other in the courtroom!
Finally, starring in any courtroom drama of your own making is unlikely. Nearly every DUI case ends with a plea bargain or dropped charges. Trials are costly for everyone involved, and resolving cases sooner saves money. Also, experienced prosecutors and defense attorneys can examine all the available evidence and facts in a case and predict how it is likely to end. In many cases, prosecutors will be willing to negotiate lesser charges or reduced penalties. For anyone arrested on a DUI charge, one of the most significant factors in the outcome is whether they have an experienced, skilled defense attorney at their side. These valuable allies can intercede on your behalf at every stage of the process, examining the arresting officer’s conduct, scrutinizing the evidence for technical or procedural errors, and negotiating skillfully on your behalf. Are you or someone you love facing DUI charges? With the benefit of 40 years of experience, we can assist you by mounting the strongest possible defense. Call us today for a free consultation.
In real life, dealing with a DUI charge looks a lot different.
An officer can pull you over and arrest you without interrogating you, based on your demeanor and signs of alcohol use. Perhaps they saw you driving erratically or smelled alcohol as soon as you rolled down your car window. If the officer has enough evidence for an arrest, they don’t need to question you further. Also, while TV characters make a big show of demanding a lawyer, you aren’t entitled to one until after an officer formally charges you with a DUI. That means you’re on your own during critical stages of the arrest, including responding to a request to take a Breathalyzer test. (Drivers in New Jersey are required to submit to a breath test when asked, and refusing carries a significant penalty. If you decide to refuse a Breathalyzer, you will definitely need an experienced lawyer to help minimize the legal consequences.)
2 | StevenEllmanLaw.com
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