KUSA - A new lawsuit against the owner of the Century 16 Theater in Aurora points to an FBI press release about a possible attack on movie theaters as one of many reasons the company should have had more security.
The lawsuit was filed Thursday morning on behalf of Ashley Moser, who lost her 6-year-old daughter, Veronica, and her unborn child and was herself left paralyzed in the tragedy.
The lawsuit points to a May 2012 FBI release in which the agency said movie theaters in the U.S. might be the target of an attack. The release was based on information the FBI gathered following the arrest of suspected terrorist Najibullah Zazi in Aurora.
"These lawsuits get an enormous boost if their lawyers can show that Cinemark was warned of a terrorist attack that goes as far as you need to go to show knowledge of danger," 9NEWS legal analyst Scott Robinson said.
The lawsuit says Cinemark holdings failed to exercise "reasonable care" to protect Ashley Moser's family and others inside.
"A business owner cannot be held liable for what happened on its premises unless it knew or should have known of the danger to its patrons," Robinson said.
The lawsuit gives more than two dozen other examples violent crimes in movie theaters.
It also claims the theater's only surveillance cameras were in places to protect employees and property, not customers.
The lawsuit says there was an alarm to protect the projection booth. However, there was no alarm or surveillance camera on the theater door where moviegoers entered.
"Any evidence that tends to show Cinemark was protecting its employees or it's money more than protecting its patrons will go a long way to convincing a jury to find in favor of the victims," Robinson said.
The lawsuit alleges "the gunman would not have gone forward with his attack if he had seen armed security personnel at the complex."
Cinemark has argued in other lawsuits that the company could not have anticipated an attack if law enforcement or the shooter's family didn't.
Cinemark lawyers asked that 10 other lawsuits alleging lax security be dismissed. The judge refused to dismiss the cases. Cinemark has not commented to 9NEWS about the latest lawsuit.
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