Warner Village suit denied

Warner Village, one of the most elaborate multiplexes in Taipei, was yesterday freed from the threat of a multi-million NT dollar compensation suit brought by a woman, who alleged that the cinema's seat had caused serious damage to her back.

Tuan Hsin-yi (段心怡), a China Airlines stewardess, had filed a civil suit against Warner Village, requesting the company pay NT$4 million in compensation following her unfortunate incident at the cinema two years ago.

On Sept 10, 1998, Tuan went to Warner Village to see a movie with a friend and the two seated themselves well before the movie started. While waiting, Tuan heard the ROC national anthem and immediately stood up.

Taiwan movie audiences have long been in the habit of standing up when the national anthem is played prior to the film being shown, as was the practice until recently.

She soon discovered that the national anthem was merely being used as part of a commercial and went to sit back down. It was then that her hip and backbone slammed against a metal part of the chair, which had turned upright when she stood up.

Tuan said she had suffered serious back injuries from the incident and that she had to stop work for over a year to recover. She accused Warner Village of being responsible for her injuries as she said the sort of seats it used were of a design likely to be dangerous.

Warner Village, however, contended that the type of seat, which reverts to an upright position when no one is seated, is commonly used by cinemas in Taiwan and has proved to be safe over many years of use.

The cinema said that the seat itself was safe but that the way that Tuan sat down had caused her injuries. It argued that she should have pulled down the seat before seating herself and claimed that although it is responsible for the safety of its products or services, it should not be held responsible for the consumer's improper use of them.

On the grounds that Tuan was unable to prove the dangers inherent in the seats used at Warner Village, the Taipei District Court ruled in favor of the cinema, dismissing the plaintiff's request for compensation.

The court found that there was evidence showing that Tuan had indeed been injured at the cinema on the day in question two years ago, but that she failed to prove any causation between her injuries and the design of the seat.