Forums > General Industry > Am I responsible for a model's safety in a vehicle

Photographer

KXphotography

Posts: 301

Montreal, Quebec, Canada

I'm an amateur photographer, I'm wondering if I'm responsible for a model's safety in a car or a shoot for that matter. I have not yet driven any of my models anywhere yet but now I'm planning to do so. It's only TFP, can she possibly sue me if there was a car accident? Should we take a taxi instead? How did you other photographers go about it, let me know. Thanks!

Jul 19 06 12:02 pm Link

Photographer

Chili

Posts: 5146

Brooklyn, New York, US

of course

anyone who is on your car WILL sue you and anyone else if there is an accident

Jul 19 06 12:12 pm Link

Photographer

UnoMundo

Posts: 47532

Olympia, Washington, US

your friendly State Farm/Geico agent covers you for anyone in your car; except old fat photographers.

Jul 19 06 02:17 pm Link

Model

Oriental Silk

Posts: 535

London, England, United Kingdom

Kayoua X Photography wrote:
I'm an amateur photographer, I'm wondering if I'm responsible for a model's safety in a car or a shoot for that matter. I have not yet driven any of my models anywhere yet but now I'm planning to do so. It's only TFP, can she possibly sue me if there was a car accident? Should we take a taxi instead? How did you other photographers go about it, let me know. Thanks!

Looking at the wider point, are you responsible for the other people on your shoot, in many cases the answer would be yes.

I am a member of Equity and the Association of Teachers and Lecturers. Apart from the benefits of collective bargaining and effective legal representation should I ever need it, the primary reason for my membership of these professional bodies is the insurance cover. Equity covers me for up to 5 Million GB Pounds public liability, for my cultural presentations/performances, as well as various amounts of other professional cover. The ATL covers me for up to 2 Million GB Pounds public liability for my teaching/lecturing, as well as various amounts of other professional cover. I also take out employers insurance, as part of my event insurance package from Spectrum, for up to twenty people for fourteen events in a year.

The main reason for the insurance is that there is an assumed duty or care if you are the organiser of any activity. That applies in the UK and Japan, but you should check the details for the USA.

I lead cultural tours to Japan, organise residential study retreats in the UK, do many stage presentations for private and public audiences, and organise many other activities that include people taking photographs of me and other people . I am obliged to do many risk assessments for activities, as well as make reports to my college, professional bodies, clients and local authorities. Additionally, the funding applications I submit require information on insurance cover, so even if I wanted to let the matter slide, I would be compelled to consider it.

Jul 19 06 02:39 pm Link

Photographer

Jay Bowman

Posts: 6511

Los Angeles, California, US

If you don't have insurance, you should get some.  Not just for transporting models but anyone else who rides with you. 


In reference to your responsibility to someone on the shoot... I cannot say.  Not my expertise, though I'd like to know how one would determine who has the legal responsibility to provide safety on a shoot... if anyone.

Jul 19 06 03:24 pm Link

Photographer

Craig A McKenzie

Posts: 1767

Marine City, Michigan, US

yes.

Jul 19 06 03:29 pm Link

Photographer

JoyMark Photography

Posts: 46

Concord, New Hampshire, US

UnoMundo Photography wrote:
except old fat photographers.

Oh.


Crap.

Jul 19 06 06:54 pm Link

Photographer

Doug Lester

Posts: 10591

Atlanta, Georgia, US

Oh yeah! Not just in your car, but also in many other situations. Suppose you pose a model on a ladder and she falls or the ladder collapses, or a light falls on her, you could well be liable. Get insurance!

Jul 19 06 08:34 pm Link

Photographer

Brian Ziff

Posts: 4105

Los Angeles, California, US

no.  push that bitch out of the moving vehicle if she gets uppity.

...then wait two months to give her a CD.

Jul 19 06 08:39 pm Link

Photographer

Jay Bowman

Posts: 6511

Los Angeles, California, US

Brian Ziff wrote:
no.  push that bitch out of the moving vehicle if she gets uppity.

...then wait two months to give her a CD.

Oh shit.  That's hilarious...

Jul 19 06 08:49 pm Link

Photographer

KXphotography

Posts: 301

Montreal, Quebec, Canada

Brian Ziff wrote:
no.  push that bitch out of the moving vehicle if she gets uppity.

...then wait two months to give her a CD.

Jul 19 06 09:31 pm Link

Photographer

KXphotography

Posts: 301

Montreal, Quebec, Canada

Brian Ziff wrote:
no.  push that bitch out of the moving vehicle if she gets uppity.

...then wait two months to give her a CD.

Haha yeah that's funny! Great Idea!

Jul 19 06 09:34 pm Link

Photographer

Patrick Walberg

Posts: 45289

San Juan Bautista, California, US

What if the model is driving and kills the photographer?   yikes





I guess no CD gets sent then!

Jul 19 06 09:49 pm Link

Model

A BRITT PRO-AM

Posts: 7840

CARDIFF BY THE SEA, California, US

Brian Ziff wrote:
no.  push that bitch out of the moving vehicle if she gets uppity.

...then wait two months to give her a CD.

l m a o !!

Jul 20 06 02:57 am Link

Photographer

Images by Christopher

Posts: 298

Miami, Arizona, US

in your release form have a disclosure about liabilities. oh...have them sign it BEFORE you hit 99mph in the convertible while snaping images. or just forge their name BEFORE ems arrives.

Jul 20 06 03:02 am Link

Photographer

ClevelandSlim

Posts: 851

NORTH HOLLYWOOD, California, US

Kayoua X Photography wrote:
Am I responsible for a model's safety in a vehicle???

if you own and/or are operating the car, then you are responsible, HELL YES!

~Slim~

Jul 20 06 09:19 am Link

Photographer

Justin N Lane

Posts: 1720

Brooklyn, New York, US

Hmmm, back to the serious question here...

Most people have liability coverage on their cars (in New York, it's mandatory) this covers injuries to occupants in your vehicle to whatever limit you have on the policy...however, I remember that the last time I had a car, the policy specifically didn't cover my vehicle if it was used in any commercial business...so that line might get blurry if you're transporting a model for a shoot, same as a stylist, assistant etc. 

You might want to look into additional coverage if this is a regular thing.  I also have a limit of liability clause that I have pepole sign before shooting...which may not entirely cover my ass, but it gives some acknowledgement of risk from the other party-

Jul 20 06 09:36 am Link

Photographer

MF productions

Posts: 2064

San Jose, California, US

its like driving anyone else in your car , if you crash and they get hurt , your responsible for their safety , even its your mom or dad or a famous model.....

Aug 04 06 08:53 am Link

Photographer

SayCheeZ!

Posts: 20634

Las Vegas, Nevada, US

How many MM members does it take to tell someone they need insurance?

Aug 04 06 09:06 am Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

SayCheeZ! wrote:
How many MM members does it take to tell someone they need insurance?

More than it takes to screw in a lightbulb!

Aug 04 06 09:32 am Link

Photographer

Meehan

Posts: 2463

Merrimack, New Hampshire, US

Alan from Aavian Prod wrote:

More than it takes to screw in a lightbulb!

I could have said that! wink

Aug 04 06 09:38 am Link

Photographer

Bounddreams

Posts: 221

Largo, Florida, US

You can get sued for pretty much anything these days...

Aug 04 06 09:42 am Link

Photographer

nick latino

Posts: 291

Tucson, Arizona, US

I'm beginning to think some of these postings are just too important to be discussed here, there should be a national information board for these type of questions.

We can call it "STUDIP QUESTIONS" or "SHOULD I BE ALLOWED TO REPRODUCE" or "I CAN VOTE AND DRIVE."

Aug 04 06 06:36 pm Link