Can You Sue a Business for Failing to Respond to a Medical Emergency?

A young Ontario man suffered catastrophic brain injuries after choking on popcorn at a Cineplex theatre in Kitchener. His family alleged that theatre staff failed to respond properly to the medical emergency, raising an important question: can a business be held responsible when its failure to act makes someone’s injuries worse?

Personal injury lawyer Sivan Tumarkin discussed the case on radio station 640 Toronto, explaining why businesses must take medical emergencies seriously and how a failure to follow emergency procedures can lead to a personal injury claim.

Man Suffers Brain Damage After Choking at Cineplex

In 2009, a 20-year-old man suffered severe brain injuries after choking on popcorn while watching a movie at a Cineplex theatre in Kitchener, Ontario.

He spent approximately six months in a semi-comatose state and required extensive rehabilitation. Although he eventually made significant progress, he continued to need assistance with daily living.

His family alleged that when the emergency occurred, theatre staff failed to take appropriate action. Their concerns included allegations that employees didn’t stop the movie, turn on the lights, call 911 or follow emergency procedures.

The family sought compensation for his rehabilitation costs and challenged the theatre’s response to the incident.

The dispute also attracted attention after a judge declined Cineplex’s emergency request to prevent the family from protesting outside the theatre. That ruling concerned the proposed protest, not whether Cineplex was responsible for the man’s injuries.

Was Cineplex Responsible for the Man’s Injuries?

Sivan explained that the central issue wasn’t whether the popcorn was defective or whether Cineplex caused the man to choke.

The question was what theatre staff did — or failed to do — after the medical emergency began.

If employees were aware that someone was choking, did they respond quickly? Were emergency procedures followed? Did staff contact emergency services or take other appropriate steps?

Those questions matter because a business can face liability when its negligent response to an emergency causes additional harm.

Sivan emphasized that the evidence would determine whether Cineplex was responsible. The interview took place before the underlying dispute was resolved, and the allegations against the theatre had not been established by the ruling discussed on air.

What Must Businesses Do During a Medical Emergency?

Businesses that invite customers onto their premises have a responsibility to take reasonable steps to keep them safe.

When a medical emergency occurs, the appropriate response depends on the circumstances. Important questions include:

• Did staff know, or should they have known, that someone needed urgent help?
• Were appropriate emergency procedures in place?
• Were employees trained to respond to emergencies?
• Was emergency assistance requested promptly?
• Did any delay or failure to act contribute to the person’s injuries?

As Sivan explained during the interview, these concerns aren’t limited to movie theatres. Similar questions can arise in restaurants, bars, stores, retirement homes and other businesses where people may require emergency assistance.

A business isn’t automatically responsible whenever someone experiences a medical emergency on its property. However, failing to take reasonable action can have serious consequences when that failure contributes to an injury.

Can You Sue for Injuries Caused by a Delayed Emergency Response?

Yes. If a business negligently fails to respond to a medical emergency and that failure causes or worsens an injury, the injured person may have grounds for a personal injury claim.

The key is establishing what the business should reasonably have done, how it responded and whether its actions contributed to the harm.

Compensation in a successful personal injury claim can include:

• Medical treatment and rehabilitation expenses.
• Future care and assistance costs.
• Lost income and reduced future earning capacity.
• Pain, suffering and loss of enjoyment of life.

For someone with a catastrophic brain injury, the cost of ongoing rehabilitation, personal care and lost earning capacity can be substantial.

Sivan also explained that determining liability and assessing the full value of a claim are important parts of negotiating compensation for seriously injured people.

What Should You Do After an Injury at a Business?

If you or a family member suffers a serious injury at a business or public venue:

1. Get medical attention immediately. Your health and safety come first.
2. Document what happened. Keep records of the incident, the response and any delays in receiving assistance.
3. Identify witnesses. Other customers or employees may have important information about how the emergency was handled.
4. Preserve relevant evidence. Photos, incident reports, correspondence and available security footage may help establish what happened.
5. Speak with a personal injury lawyer. Find out whether negligence contributed to the injuries and what compensation may be available.

Seriously Injured Because of a Business’s Negligence?

If you or a family member has suffered a serious injury because a business failed to take reasonable safety precautions or respond appropriately to an emergency, the personal injury lawyers at Samfiru Tumarkin LLP can help.

We represent injured people across Ontario and pursue compensation for medical expenses, rehabilitation, lost income, ongoing care and other losses caused by negligence.

We offer free consultations and handle personal injury cases on a contingency fee basis — you don’t pay legal fees unless we win your case.

Get the compensation you deserve. Contact us today or call 1-855-821-5900.