Liability When Shooting Sports

[Brian Iannone]

I've been recently learning about the business side of cinematography and shooting projects for clients, and have a question regarding liability when shooting sports and possibly dangerous action-style projects.

Say for example, you want to shoot some stock footage of a skateboarder to sell online. You find and contact a skateboarder and ask him if he'll do some tricks while you shoot in exchange for a $100 or so. You arrange to meet him at a public skate park. You start shooting, but during one of the shots, the skateboarder misses his landing, falls and breaks his arm.

Are you responsible? If so, is there any way to limit or completely eliminate your liability before the shoot?

 

[Jeff Kilgroe]

You most certainly can be liable in your skateboarder situation. If you're just at the skate park shooting video of random people, no big deal. But as soon as you ask someone to do something, especially if you pay them, or offer to pay them, which equates to hiring them for a job, then you have put yourself in a position of responsibility.

This is where you need to have various agreement and release forms, waivers of liability, etc.. Labor laws and general insurance considerations will vary from one state to another, one country to another. Always best to consult with both a good insurance agent and attorney in your local area when setting up a new business or service. Then you know where your limits are and you can establish boundaries or comfort zones for the type of work you want to do. You will also want to establish yourself as a business entity that has legal protection, such as a corporation or limited liability company (LLC). This will help control just how far legal action against you can go if something were to happen.

One thing that an attorney, and insurance agent, will probably point out to you about your skateboarder (or similar) scenario is that waivers of liability don't always relive you completely of responsibility.

 

[jimhare]

You should also look into public liability insurance if you're shooting out in the world. If a member of the public trips over your tripod you could lose you house!

I always maintain at least $10 million of PL insurance, which is about right for most situations.

 

[Paul Russell]

Make sure you get the faceplant

 

[Brian Iannone]

You most certainly can be liable in your skateboarder situation. If you're just at the skate park shooting video of random people, no big deal. But as soon as you ask someone to do something, especially if you pay them, or offer to pay them, which equates to hiring them for a job, then you have put yourself in a position of responsibility.

This is where you need to have various agreement and release forms, waivers of liability, etc.. Labor laws and general insurance considerations will vary from one state to another, one country to another. Always best to consult with both a good insurance agent and attorney in your local area when setting up a new business or service. Then you know where your limits are and you can establish boundaries or comfort zones for the type of work you want to do. You will also want to establish yourself as a business entity that has legal protection, such as a corporation or limited liability company (LLC). This will help control just how far legal action against you can go if something were to happen.

One thing that an attorney, and insurance agent, will probably point out to you about your skateboarder (or similar) scenario is that waivers of liability don't always relive you completely of responsibility.

Thank you enormously for the information and advice! That answers my question perfectly! =D

 

[Brian Iannone]

You should also look into public liability insurance if you're shooting out in the world. If a member of the public trips over your tripod you could lose you house!

I always maintain at least $10 million of PL insurance, which is about right for most situations.

I was unaware about public liability insurance. Thanks for letting me know! Hmm... I'd better get some some advice from an attorney.

Is public liability insurance something that's available locally or by region (meaning walking into an office to get) or anywhere (online)?

 

[Jeff Kilgroe]

In the USA you want a good General Liability policy. Typically $1M per incident is the minimum you should have, but talk to a couple insurance agents that know the business and your local market.