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Liability for Injuries on a Shoot
This weekend I shot a model in Vermont, the model was being paid and I paid his transportation to the shoot. The model was very creative, and once jumped up on a ledge that was 20 feet above a field of rocks, balancing himself precariously on the edge, and said "isn't this a great shot?" I did not ask him to do this, to the contrary, asked him to get down immediately. The model lost his footing a couple of times, but did not fall. I found myself being thankful that he didn't fall; but also wondering from a liability standpoint, what would have happened if he had been injured on the shoot. And last year in San Diego, a tarantula crawled up the leg of a model..he was on a high rock. Again nothing bad happened, but could have. These are not employees, so I don't think I need Workmen's Comp insurance for photo shoots. Any ideas about liability in these situations? Are other photographers insured for injuries on a shoot. Jul 01 06 08:08 pm Link Hmmmmm, I think you need to speak to an attorney in your area and also to your insurance agent. I can see some situations where you may well have liability. Jul 01 06 08:24 pm Link Kind of depends on if you are working commercially or not. If it's hobby type stuff, you might get away with less coverage. If it's commercial work, you best be buying comprehensive coverage. Let's put it this way, are you ready to hand over all your money and possessions if a model gets hurt? Having no insurance is gambling with everything you have. A talk with an insurance agent will get you the bad news on costs. Jul 01 06 08:25 pm Link I'm shooting commercially, and pretty much earning my living now with my photograph sales. I do most of my shooting outdoors; some indoors usually at homes of friends or leased studio space. Taking pictures is not ordinarily a dangerous endeavor, but accidents could happen to anyone. I'm still wondering about whether a model, as an independent contractor, would need to be covered by me. If I hired an electrician to do a job, I wouldn't need to buy insurance. Jul 01 06 08:34 pm Link Thomas Watkin wrote: Again, talk to a lawyer, not a photographer, but it depends on a lot of factors like who controls the location, was the risk forseeable, was the injury a result of your negligence, etc, etc, etc. The fact that the model is an independent contractor might limit some of the kinds of liability that you are exposed to, but it won't totally insulate you from all possible responsibility. It depends on the facts of the incident. Remember you can get sued for almost anything, although that doesn't mean they will win. Jul 01 06 08:39 pm Link There are business coverages for that kind of thing but if you are not in a formal business that may create problems even getting coverage, though there may be some forms of hobby / personal liability coverage available if you are not in a formal business arrangement. This is a circumstance that calls for a chat with an insurance professional... and everything hinges on your personal circumstances. Bizarrely, you may have some undiscovered [personal liability] coverage already under household insurance or automobile insurance policies, and it's always worth a look there as well. Photographers in the UK where photographic equipment [inland casualty] insurance is outrageous [premiums = 25% of the value of the equipment per annum] tend to discover that instead of those high priced specialist policies, with lots of fine print and exclusions, they already have much broader cover under both their home and auto policies. Studio36 Jul 01 06 08:39 pm Link if a model trip over one of your cable in a studio and smash her face are u liable..... yea.................... so get some proper insurance big time........ the same way all your equipment is ensured.. i hope it is Jul 01 06 08:43 pm Link Your homeowners insurance would cover that issue with the electrician/plumber/whatever. I looked into a few location shoots and was told I needed a minimum million dollar liability policy to use the place - for personal or commercial shoots. I haven't shot at those places because I'm still looking for a good deal. However, I am looking for the insurance to cover myself. The laws are pretty silly.... if a damn burgler can sue you if you shoot them when they break into your house, imagine what a model can do if they are trying to get the best shot for you...... EDIT --- But they are right... ask a lawyer in your area for the information, and if he/she says it's not needed, make sure they'll represent you Pro Bono if they were wrong....  Jul 01 06 08:43 pm Link I agree with the talk to an attorney remark. My thought is I've known a lot of contractors in other fields who weren't covered in situations that would have normally been handled by work mans comp (i.e. I'm screwing around a little and hurt myself on your equipment. Not your fault, but I was working). If something you've done can be considered negligent, anyone can sue, for just about anything. Jul 01 06 08:48 pm Link Thanks for all the comments. I don't have insurance for my equipment...I believe in self-insuranced for that. If someone steals my camera, I could get another one, but defending a lawsuit is something I couldn't afford. So I'm looking into that on Monday. Jul 01 06 09:07 pm Link Thomas Watkin wrote: Two words: Hill&Usher. Jul 01 06 09:50 pm Link Sue everyone and see who comes up with the settlement. It is the American way. Jul 01 06 09:54 pm Link Just be broke like me and you don't have to worry about being sued...  Jul 01 06 09:58 pm Link Mike Cummings wrote: It's called "judgement proof".....I know....been there.... Jul 01 06 11:26 pm Link |
