Brooklyn Injury Law · Movie Night Edition

Could Kevin McCallister get sued? Would Amity's mayor owe millions? A Brooklyn injury lawyer puts ten famous movie scenes on trial. Make your call first, then see his.

The short answer

Most of these scenes would be real lawsuits in New York. Here are three things that surprise people:

  • Burglars can sue. Booby-trapping your home can cost you, even if the person you hurt broke in.
  • The fine print often fails. New York voids many waivers at places you pay to have fun.
  • The real Titanic lawsuits were filed in Manhattan. They took four years to settle.
Play along: call each scene a strong case, a toss-up or a weak case before you see the lawyer's rating. No free points. Your score is waiting at the end.
Jump to a movie
  1. Home Alone
  2. Jaws
  3. Jurassic Park
  4. Willy Wonka
  5. The Truman Show
  6. Ghostbusters
  7. Dumb and Dumber
  8. The Hangover
  9. A Christmas Story
  10. Titanic

10 movie scenes, judged under New York law

Hollywood loves a pratfall. Real life sends a bill.

1

Home Alone (1990)

Excessive force · Battery

Could Kevin get sued? Yes. Even burglars can sue over booby traps.

The sceneAn eight-year-old turns his house into an obstacle course of swinging paint cans, a blowtorch and a red-hot doorknob for two burglars.

Brooklyn reality check

New York doesn't sort visitors into "invited" and "trespasser" anymore. Since Basso v. Miller (1976), a case that began in Brooklyn's own Kings County court, property owners, from homeowners to landlords, owe everyone reasonable care under the circumstances.

Traps meant to seriously injure are off the table. In Katko v. Briney (Iowa, 1971), the owners of an empty farmhouse had to pay $30,000 to a burglar shot by their hidden spring gun.

Lawyer's rating
2

Jaws (1975)

Negligence by a town

Yes, and the town is the defendant. But only if you move fast.

The sceneThe mayor keeps the beaches open for the Fourth of July after a fatal shark attack, because tourism money.

Brooklyn reality check

Coney Island and Brighton Beach are City beaches. Suing the City means a different clock: a Notice of Claim within 90 days, then the lawsuit within a year and 90 days.

The same 90-day rule applies to pothole crashes and MTA bus accidents. Miss it and a strong case can be over before it starts.

Lawyer's rating
3

Jurassic Park (1993)

Premises liability

Yes. It's about as clear a premises case as you'll find.

The sceneA theme park's electric fences lose power in a storm and the guests end up on the menu. The lawyer who couldn't wait to cash in gets eaten first.

Brooklyn reality check

From the Cyclone to the bumper cars, anyone running a venue owes visitors reasonably safe premises: maintained equipment, safety systems that work, and warnings about known dangers.

Opening to the public while you know your systems are shaky is textbook negligence. It's the same premises liability law behind most slip-and-fall cases in Brooklyn stores and apartment buildings, and it usually has a 3-year deadline.

Lawyer's rating
4

Willy Wonka & the Chocolate Factory (1971)

Premises liability · Injured children

Yes. The fine-print contract probably won't save him.

The sceneFour kids are hurt on one factory tour. One is sucked up a pipe, one blown up like a blueberry, one dropped down a garbage chute and one shrunk. Wonka points to the contract they all signed.

Brooklyn reality check

New York's General Obligations Law § 5-326 voids waivers that try to excuse paid pools, gyms and places of amusement from their own negligence. In 2016, a Brooklyn court threw out the waiver a climber had signed at Brooklyn Boulders. Wonka's lawyer might argue the golden tickets were free.

For kids, the deadline to sue is generally paused until they turn 18. Claims against the City still start with a 90-day notice, though courts tend to be more forgiving with children.

Lawyer's rating
5

The Truman Show (1998)

False imprisonment · Privacy

Yes, several times over.

The sceneA man's entire life is broadcast around the clock and used to sell products. When he tries to leave, the producer creates a storm that nearly drowns him.

Brooklyn reality check

Under New York Civil Rights Law §§ 50–51, using someone's name or likeness to advertise or sell without their written consent can cost you damages, and it's a misdemeanor too. Every product placement would be another piece of evidence.

Trapping someone and nearly drowning them is intentional harm, and New York gives only 1 year to sue for most of it.

Lawyer's rating
6

Ghostbusters (1984)

Battery

Probably. Consent only covers what you actually agreed to.

The sceneIn a university lab, Dr. Venkman gives a student volunteer electric shocks during an "ESP test." The answers aren't the point, because he's flirting with the other volunteer.

Brooklyn reality check

Signing up for a study isn't signing up for unfair shocks. Harmful contact beyond what you agreed to is battery.

Because battery is intentional, the deadline is 1 year, not 3. Waiting out the semester is fine, but waiting out the year isn't.

Lawyer's rating
7

Dumb and Dumber (1994)

Battery (no punch required)

Yes. Spiking someone's drink counts as battery.

The sceneLloyd secretly pours a whole bottle of laxative into his best friend's drink before a date.

Brooklyn reality check

You don't have to throw a punch to commit battery. Slipping something into someone's food or drink counts as harmful contact, and it can be a crime too.

The damages here are mostly embarrassment and one very long night, but the legal principle is real.

Lawyer's rating
8

The Hangover (2009)

Battery · Evidence problems

Yes on paper, but weak in court. Nobody can prove a thing.

The sceneOne friend secretly drugs the whole group. They wake up to a missing tooth, a tiger in the bathroom and no groom.

Brooklyn reality check

The claim is easy. Proving it is hard, because nobody remembers anything. That's funny in a movie and a real problem in court.

After any injury, whether it's a car accident on the Belt Parkway or a fall in a grocery store: take photos, see a doctor that day, get witnesses' names and keep every receipt. If you were hurt outside New York, talk to a lawyer early, because another state's rules may apply.

Lawyer's rating

New York personal injury deadlines

Screenshot this one. Deadlines decide more real cases than dinosaurs do.

If you were hurt by…You generally haveLaw
Someone's carelessness (car crash, slip-and-fall)3 yearsCPLR 214
Someone hurting you on purpose (assault, battery)1 yearCPLR 215
The City, the MTA or another public agency90 days to file a Notice of Claim, and 1 year + 90 days to sueGML § 50-e
A doctor or hospital (malpractice)2½ yearsCPLR 214-a
Negligence that caused someone's death2 yearsEPTL 5-4.1
9

A Christmas Story (1983)

Shared fault

Maybe, but Flick shares the blame.

The sceneDared with a "triple-dog dare," Flick sticks his tongue to a frozen flagpole and the fire department has to come.

Brooklyn reality check

Flick chose to lick the pole, but that wouldn't end his case. New York uses pure comparative fault: your award shrinks by your share of the blame instead of disappearing.

The same rule applies to slip-and-falls on icy sidewalks, which happen far more often than flagpole incidents. Under NYC Admin. Code § 7-210, the owner of the building next to the sidewalk is usually responsible for keeping it safe. Owner-occupied one-to-three-family homes are the main exception.

Lawyer's rating
10

Titanic (1997)

Negligence · Wrongful death

Strong on blame, weak on payout. And people really did sue, right here in New York.

The sceneThe ship races through waters with iceberg warnings, carrying too few lifeboats for everyone aboard.

Brooklyn reality check

The real Titanic was bound for New York. Survivors and families filed claims in federal court in Manhattan seeking about $16 million.

In 1916 they settled for about $664,000. Why so little? An 1851 law let shipowners limit what they owed. The lesson still applies today: insurance limits can shape a case as much as fault does, and they come up often in car accident claims.

Lawyer's rating

Your verdict score

0/10

Make your calls on the cases above to see how you stack up against a real Brooklyn lawyer.

Honorable mentions

Meet the Parents (2000): Greg spikes a volleyball into his future sister-in-law's face. When you join a game, you generally accept its ordinary risks, though not reckless play.

Elf (2003): Buddy throws snowballs at strangers in Central Park. A snowball thrown on purpose is still battery.

You be the judge: Brooklyn edition

Three real-life scenarios with no dinosaurs. Tap to see the verdict.

You trip on a cracked sidewalk outside a corner store on Flatbush Avenue. Who's usually responsible?

Usually the building owner, not the City. Since 2003, NYC law has made most owners responsible for the sidewalk in front of their property. Photograph the crack before someone fixes it.

You're biking down Bedford Avenue when a parked driver swings their door open in front of you. Whose fault is it?

Usually the person who opened the door. Under Vehicle and Traffic Law § 1214, nobody may open a car door into traffic unless it's reasonably safe, and bikes count as traffic. That makes dooring one of the clearer bicycle accident claims in New York, even when a rideshare passenger opened the door.

You were texting when you slipped on a wet supermarket floor with no warning sign. Is your case dead?

No. Under New York's comparative fault rule, the texting might reduce what you recover, but the store is still responsible for the hazard.

FAQ: movies, injuries and New York law

Could Kevin McCallister get sued for the traps in Home Alone?

Very likely, yes. Courts don't let property owners set traps meant to seriously hurt intruders, even burglars.

How long do I have to file a personal injury lawsuit in New York?

Most negligence cases have 3 years. Intentional harm like assault usually has 1 year. Claims against the City or the MTA need a Notice of Claim within 90 days.

Who's responsible if I trip on a broken sidewalk in Brooklyn?

Usually the owner of the property next to the sidewalk. Owner-occupied one-to-three-family homes are the main exception.

Can I still recover if I was partly at fault?

Yes. Your award is reduced by your share of the blame, but you aren't shut out.

What should I do right after an accident in New York?

Get medical care that day, photograph everything, collect witness names and make sure a police or incident report is filed. Think twice before giving the other side's insurance company a recorded statement. If the City or the MTA is involved, remember the 90-day deadline.

Do liability waivers hold up in New York?

Often not at places you paid to use for fun, like gyms, pools and amusement venues.

Next on the docket

The holiday edition is coming in December. Which movie should go on trial next?

Real life doesn't roll credits.

Whether it was a car accident, a fall on a broken sidewalk or a run-in with an MTA bus, a quick conversation can tell you where you stand and which deadline applies. It's free, available in English, Kreyòl or Español, and open to anyone from Sheepshead Bay to Bushwick.

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Attorney Advertising. This article is for general information and entertainment. It is not legal advice and does not create an attorney-client relationship. Every case depends on its own facts, and deadlines can have exceptions, so talk to a lawyer about your situation. Prior results do not guarantee a similar outcome. Movie titles are mentioned for commentary only, and this article is not affiliated with or endorsed by any studio.