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What are the possible liabilities...
if someone is hurt or dies as a result having been in a bondage contrivance in your studio or home during a photoshoot. I was talking to a model that mentioned he had a near disaster in someone's bondage contrivance or apparatus. Just curious. Sep 12 06 10:56 am Link Would there be liability issues if you were shooting glamour, portraiture, etc and your model became injured or died due to the shoot? What if someone died because you were dabbling in bondage--whether there was a shoot or not--do you think a family could possibly sue in civil court? I'd think anyone dealing in bondage would be overly cautious and well-read regarding safety. A near disaster is a disaster. You have to ask, why would a person be put into such an unsafe position when it's only being done for photography? How real does it have to be to look real on camera? Sep 12 06 11:05 am Link i second that...... Sep 12 06 11:10 am Link STANLEY LAFLEUR wrote: You second what? All he/she did was profer questions, not answers. You second questions? Sep 12 06 11:27 am Link Bob Randall Photography wrote: I second your questioning the seconding of the questions. Sep 12 06 11:42 am Link Hey, Bob. If someone gets hurt while doing anything that involves you or on your property they can sue and you could be hit with criminal charges even if they sign all sorts of agreements. Part of why those shooting in home studios are taking huge chances even with insurance. I'm sure in most cases a model wouldn't sue but all of those who shoot must understand that when you are shooting someone for pay, Test or TFP you are at risk. Check your insurance policies for coverage and if possible buy a insurance that will cover you. A little extra $$$ could really save you. Sep 12 06 11:52 am Link Could you be sued? Yes. Would a court/jury find liability and award damages? Depends on the facts of the case, but it is certainly possible. Ron Sep 12 06 12:02 pm Link Doesn't membership in some of the photography associations include insurance as part of their membership? I don't know about bondage, but there is one model here on MM that actually is into cutting the skin on her arms - for real - blood flowing! I always thought that was a mental illness. (There is a movie centered around the illness and the girl's overcoming of it.) But there was the model in photos with scars all up and down her arms, cutting even more into her skin with blood dribbling down her arms. One photographer even commented how "awesome" the scars were. I am not being judgemental here but, taking the liability issues to heart, having a model slice her arms with a razor blade is the LAST thing I would want happening on one of my photo shoots! Sep 12 06 12:15 pm Link Any time someone is injured in or on your property, there is a potential for liability. But I can imagine circumstances in a fetish situation in which civil liability could be the least of the problems. If a death occurs, depending on the circumstances, a criminal manslaughter or homicide charge could be possible. Sep 12 06 12:23 pm Link My gosh, if you do something risky then you can presume there will be risk of liability. Sep 12 06 12:41 pm Link WillSun wrote: Dabbling in bondage? Either they are tied/chained up or they are not tied/chained up. Sorry, I just felt that needed clarifying Sep 12 06 12:46 pm Link Bob Randall Photography wrote: Depending on the involvment whith the equipment and the initiation, but I general terms (if worse comes to worse) an affirmative action could be considered any degree murder. Sep 12 06 01:09 pm Link First of all, whenever something happens on your property, whether it is a home studio or even a commercial location that you rent, you are "LIABLE" simple as that, thats why insurance is a must. . . will someone sue, maybe, maybe not. . . will they win, maybe, maybe not, it all depends on the facts, and sadly, who has the best attorney a lot of times. That being said, if we all went through life worrying all the time about getting sued, we might as well stay home and go nowhere and do nothing. Hey, if a person can sue McDonalds because her coffee was too hot, I would imagine anyone can sue for just about anything, right or wrong. 1) Be Careful when you shoot 2) Get insurance 3) Be Careful when you shoot Sep 12 06 01:17 pm Link Alan from Aavian Prod wrote: Exactly, can the model blame the photographer if they entered into a risky situation knowingly? Sep 12 06 01:26 pm Link In the UK you would be seen as an employer and would face corporate manslaughter charges I would expect. As an employer I am responsible for the safety of my staff at all times no matter what "stupid", obviously dangerous things they do and I must do everything to prevent them doing these things. Sep 12 06 01:34 pm Link The Conclusion of the thread is: Don't shoot Bondage, you can die/go to jail. (besides it's just not very appealing) Sep 12 06 05:47 pm Link Fluffytek wrote: Not true... see below... but, in any case, it doesn't matter if they are employees or not. Fluffytek wrote: Not only your [factual employee] staff but also contractors or anyone else, including the general public, in/on your place of business or any temporary work site on which you are undertaking work [such as location shooting]. See the Health and Safety [at Work] Act and the Health and Safety [at Work] Regulations. Sep 13 06 07:27 am Link |
