Netflix 'Could Bear Some Fault' for Dave Chappelle Stage Attack—Lawyer

Netflix may be at fault for its part in the attack on Dave Chappelle last week.

That's the opinion of attorney Kyle R. Jackson, Sr. who has taken a look at where the blame lies for the incident, and whether or not Chappelle can sue his attacker. Social media images showed that the assailant, Isaiah Lee was heavily injured by Chappelle's security team afterward.

The incident happened while Chappelle was performing at Netflix is a Joke: The Festival at the Hollywood Bowl in Los Angeles on May 3.

Jackson Sr., an attorney and partner at Turnbull, Holcomb & LeMoine, spoke to Newsweek and gave his opinion on what could happen next in the case, and who could sue who.

How culpable is Netflix in this event?

Jackson Sr: Netflix as the event holder, and even the hired security company, could bear some fault for a failure to maintain a reasonably safe premises.

Whether these entities bear fault will ultimately come down to the foreseeability of Lee's actions and what, if anything, Netflix and security did, or could have done, to prevent Lee's actions. This question is a bit unclear at this point and would require more investigation of the entities' knowledge.

Given the Chris Rock/Will Smith event, it would be interesting to learn, especially given Chris Rock was also at this event, whether Netflix and security had heightened concerns/awareness about potential acts like Lee's. If so, that kind of actual knowledge could spawn liability against them for their failures to adequately secure and maintain a reasonably safe premises.

Netflix security were likely on heightened notice of a potential attack given the backlash on Dave's "Closer" Netflix production. I know there was some public disapproval with the production, and I have no comment on the production itself, but my understanding is that it was not well-received. All of these things need to be understood and accounted for by the entities when assessing the appropriate security plan.

Could Dave Chappelle sue Isaiah Lee?

Jackson Sr: "The short answer is yes. At a minimum, so long as Dave was injured, he could sue Isaiah Lee, personally in the civil context for assault and battery.

To prove assault, Chappelle need only show that Lee intended to cause a harmful or offensive contact to him; and Chappelle had to reasonably believe he was about to be harmfully touched.

Or Chappelle could also show that Lee threatened to touch Chappelle in a harmful manner, that it reasonably appeared to Chappelle that Lee was about to carry out a the threat, that Chappelle did not consent to Lee's contact, that Chappelle was physically harmed and that Lee's contact was a substantial factor in causing Chappelle's harm/injury.

Both of those scenarios are easily met.

As for civil battery, Chappelle need only show that Lee touched him, or caused Chappelle to be touched, with the intent to harm or offend him, that he did not consent to the touching, that Chappelle was harmed or offended by Lee's contact/touching and that a reasonable person in Chappelle's position would have been offended by the touching.

Again, easily proven.

Could Isaiah Lee countersue for the damage done to him?

Jackson Sr: Lee could have a potential counter suit against the security company and others for assault and battery as well, if he is able to successfully prove that the response to his actions were disproportionate to his actions.

The folly with his claim however, is that he bears a substantial amount of comparative fault because the security team had to do what was necessary to eliminate the threat he presented to Chappelle.

His case for excessive force, though possible, is unlikely to have much merit, but would ultimately be a jury question as to how much of his own actions resulted in his injury. California is a pure comparative fault state allowing Lee to be up to 99% at fault and still able to recover.

While it was reported that Lee, 23, was in possession of a replica gun with an attached blade, the District Attorney's Office said that the weapon was not used during the assault, instead being located in a bag at the time of the incident, according to The Los Angeles Times.

Netflix is a Joke: The Festival is still continuing in Los Angeles with tickets still available for its multiple shows. The event will close on May 8.