Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Liability Rulings In Lawsuits Over Injuries on Sets

By Stan Soocher
March 01, 2004

Liability for personal injuries has long been a major concern for film and TV studios, given the history of injuries to crew members on production sets. Two courts recently issued rulings based on this concern.

In one case, the Court of Appeal of California, Second Appellate Division, District Seven, decided that Twentieth Century Fox Film Corp. was a special employer immune from tort liability in an injury suit by a crew member of the “Roswell” TV series. Robert Clancey, who had hung drapes to conceal off-camera areas and helped with camera equipment lights and sets, filed an injury set alleging he developed lung disease due to exposure to fiberglass dust from damaged soundproofing materials on the “Roswell” set.

Fox had hired the TV show's crew through Entertainment Partners, a firm that the studio used for hiring and paying production personnel. Clancey claimed that he was an employee of Entertainment Partners, rather than Fox. But the court of appeal concluded, in an unpublished opinion, that Clancey was a special employee of Fox, which thus wasn't liable under the doctrine that workers' compensation is the sole remedy for general and special employees injured on the job. Clancey v. Twentieth Century Fox Film Corp., B167685. Among the factors the court of appeal pointed to were that:

  • Fox had the right to control and direct Clancey's activities on the set;
  • Fox was ultimately responsible for the production and had the right to fire “Roswell” crew members;
  • Clancey had signed an agreement that described him as a “daily employee” of Fox;
  • Clancey had worked on the days Fox requested under conditions imposed by Fox; and
  • Fox had given Clancey the equipment and tools for his work on the set.

In the second case, the U.S. District Court for the District of Kansas denied a motion by production-company defendants to allow them to compare the fault of an injured worker's employer. Cuiksa v. Hallmark Hall of Fame Productions Inc., 00-1389. Jason Cuiksa, a service technician employed by D&D Rental, was electrocuted on a production set while repairing a boom cart that struck a high voltage wire. Cuiksa filed suit alleging the production-company defendants had been negligent in parking the cart under the power line.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.