Anything Goes : Has anyone used stunt performers before? by Rhonda Kay

Yes. No, risk management is essential. If you aren't getting insurance, then everyone on set should have already signed a liability waiver that confirms they there at their own risk and holds harmless the producer, the team, and the property owner. Then at the very least you should know where the nearest hospital is, a free car and driver to get there, a cell phone to call an ambulance, and have a first aid kit on set. People who don't want to waive their liability will simply remove themselves from the project. You cannot afford otherwise. Whomever owns the project is liable unless the liability is waived. This would typically be the producer. If it's just a group of people working together then you may have accidentally formed a general partnership in which case you would each be 100% liable for everything. That is not a good situation. If someone is injured they might have a case to sue each of you and the property owner. If I were the property owner I wouldn't let any of you on set without insurance or a waiver. It's also not the director's job to get insurance, it's the producer's. This is not legal advice, but it is my professional experience.

If it is not essential to the look or feel of the film be safe, I am a MA attorney and tell clients to use stunt actors- they are a form of insurance by lowering the risk of an accident. There is a reason they take out insurance on lead roles- a twisted ankle could delay shooting for weeks. Investors don't like uncertainties in a business where the injured person cannot be replaced. I broke my sankle on a set but luckily it was so cold (Buffalo, NY winter underground) that I didn't feel it at the time.

Legally a liability waiver is just about worthless. If the stunt player gets hurt performing the stunt the "production" is responsible regardless of the waivers signed. Even the owner of the location is liable. David focused on investors and delayed filming - I'll focus on the person. The stunt player is now out of work for a period of time. An injury can hurt their ability to earn a living. I think it's foolish to not carry insurance on a production. Many productions don't because they take the gamble - it nothing happens they save a few hundred bucks. If something happens they could be personally liable for thousands.

I stand partially corrected. Looking at the enforceability of liability waivers, it's highly dependent upon state law, and upon the actions performed. If what you're doing is stupid, the suing party has a pretty good case. This increases the need to be clear who owns the project and therefore who exactly is liable. We were able to get very inexpensive insurance on our last production through http://www.fracturedatlas.org/ It was a very low flat fee for a year.

Thanks for your input. I would love to avoid the situation altogether, but had a hard convincing the Producer/Director. Cory, thanks for the link - I will definitely forward it.

I have done stairfall b 4 ! U can make a short /few stairs look much bigger if shot correctly many shots/angles u can even make the camera shot from a pov in a few short secs ?in between the actual stairfall its all how u can trick the camera and edited ?can be very safe when properly done .I have a short vid i can send u of a backwards fall/kick bout 5 stairs down ?

Brad, that would be great if you can send the video.

heres 1 real quick while i find the link i also have a 70 pd boxer trained to attack me 4 filming !http://www.youtube.com/watch?v=vJMnvmHTZY8&feature=youtu.be

http://www.youtube.com/watch?v=R1yHFohL_Q4

that was a B T S ! SHOT

Yeah the stairs aren't much longer than those.

FEEL FREE TO MSG ME /CALL WE CAN GO FROM THERE ?

http://www.youtube.com/watch?v=K3d2qdV8McY

Just my two cents..I'm a production Accountant. If the producers aren't willing to raise the money for production insurance I'd think twice about working with them. I do lots of low budget movies..There is just a certain level of protection insurance gives you. Besides you have to protect the people you are asking to work for you, act, drive, etc. Movies should not be made on the backs of the cast and crew who aren't being compensated or treated fairly. Some people will do anything to get their "dreams" made. Regardless of the cost to others. Just always watch out for yourself.

First - YOU MUST GET PRODUCTION INSURANCE - NO OPTION HERE!!!! - even basic with $1,000,000 liability and $5K medical is under $1K. Every member of the crew involved is leaving themselves open to a potential lawsuit. Second - get a GOOD Stunt person to work with and expect to spend a LOT of time in rehearsals and practice to assure the shots work and the gag is safe. THIRD - set up the shots to make the "falls" short and simply ( only a few steps at a time) and then edit the bits together to make a complete fall down the stairs... Don't try to do the whole thing in one shot- Not with an inexperienced crew, inexperienced spotters, and a low-budget stunt person... you are just begging fro someone to get hurt.

I see your getting a fair amount begging you to tell the producers to get insurance. I'm sure everyone understands to problems with no budget. But they are right. No insurance and you could pay way more for the lawsuit alone. I had a project fall apart because we could get the insurance. But it was obvious if we didn't we couldn't rent equipment, use locations, and not to mention someone getting hurt. There cannot be enough said on the insurance thing. As for the stunt man. You certainly can do a huge deal with just cutting interesting angle

No you are not being to cautious! It just so happens that I live just down the street from a rather famous stunt coordinator from "yesteryear', Ky Michaelson. He will always tell you, safety first. He knows first hand just how quickly a stunt can go wrong and the sad consequence that may follow. It was a simple stunt that he was the coordinator of when Dar Robinson died. There is no one to blame, just the simple fact that they (every member of the stunt) didn't take into account all the safety precautions first! In this case, if they had an ambulance on on the set, instead of cutting dollars, Dar could have got the immediate medical attention he needed for the injuries he suffered from a "fall gone bad". My son is also a world record holding escape artist. We made one mistake several years ago when he was buried under three tons of corn and the escape failed. We were lucky that he wasn't injured - or worse, killed. Our mistake, we didn't rehearse the bit, or understand all of the dangers of corn kernels. Nor did we have a real "safety backup", just in case... So you know just what kind of dangerous escapes Jon does, you can can check him out at: www.jonathonbryce.com If you don't have insurance don't take the risk. Even if you do have insurance, make sure every one knows what they are doing and the bit is rehearsed over and over. Finally, you must have an agreement with everyone on the set, that if ANYONE - and that means exactly that - IF ANYONE doesn't feel 100% sure of the bit, it is not to be done and you go to "Plan B". If the director isn't cool with that, drop the project. Keep in mind, if something wrong takes place, you could find yourself in court right next to the director and producer. Safety first, the success of the shot second! Good Luck and have fun!

Bryce has some great word of advice. You should always be 100% about your job at all times. As a Grip, I run into situations of set safety that can be career enders, quite often. And it is my job to double check my work. For example, never leaving a frame unattended or unbiased. Always double check cheesebourghs, etc. but the ultimate point that I am making is that it is my choice to do my job right or not and to work in safety or throw caution to the wind. If a stunt person works for you knowing there is no insurance thy It really their fault for getting into a bad duration. You may still get sued and loose everything but that person doing the stunt really is to blame for their injuries.