SAFETY LAWSUIT SERIES – CASE # 1

Ahoy there!  Let’s talk SAFETY!
 
As promised, following is a series of real life court cases involving safety incidents in theatres on cruise ships.  (Two more coming after this one – one every other week.)
 
It’s always been my mantra – NOTHING happens without safety! Just like in theatres on land, safety in cruise ship theatres is paramount – only even more so, because a theatre on a ship is moving!  I’ve sat in a cruise ship theatre before – with my seat rocking up and down - watching an acrobatics show, wondering how they were able to balance on two feet, let alone on top of balls and platforms.
 
And just like theatres on land, accidents do happen, as do lawsuits. Enter stage right – Expert Witnesses.  Expert Witnesses are called to provide information in court cases.  Expert Witnesses didn’t ‘witness’ the event happen, but they are experts in their field - in this case, theatre safety. I was once contacted about being an Expert Witness for a woman who fell into a pit.  I didn’t see it happen, but it was caught on video.  After reviewing the video I felt I had to decline, because it was not clear that she wasn’t at fault(!).  But I’ve never had to be an Expert Witness for a cruise ship theatre, but I know someone who has – three times.  And she’s kindly offered to share the three cases with you in this blog.
 
Please let me introduce Monona Rossol of Arts, Crafts & Theatre Safety (ACTS), a not-for-profit corporation dedicated to providing health and safety services to the arts.  She is also the Health and Safety Director for Local 829 of the United Scenic Artists, IATSE. Monona is a chemist, artist and industrial hygienist, with a background in theatre, art, music, chemistry and math, who has lectured and consulted in the US, Canada, Australia, England, Mexico and Portugal - and the seas in between.

Our first case study involves a performer who fell 9 feet into a pit of a theatre in a cruise ship.  But let me have her tell you about it in her own words…

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“An older Vaudeville-type performer who was an independent contractor fell 9 feet, broke a leg, ribs, etc. He and his promoter/agent came late to the cruise ship theater for the performance and there was no time to rehearse.  There was no orchestra, yet the pit was down and open.  It was designed with a crudely constructed bridge braced on a painters scaffold across the center of the pit with openings on both sides, an untraditional configuration.  A technician missed the cue to light stage right for the performer to walk there and he couldn’t see the pit.  I was retained in April of 1010 and deposed September 3, 2010.  After evaluating my testimony, the defense lawyer made an acceptable offer and the case was settled September 6.”

Yes, this could have been a theatre anywhere.  It just goes to show you how similar it is working in a theatre on a cruise ship as on land, and that you need to be just as, if not more, diligent about theatre safety when you are working on a ship.
 
You should also be aware that two types of law govern cruise ships, depending on where they are at the time of the incident.  This first case was under General Industry OSHA rules as it likely happened when the ship was within the 3 nautical mile maritime boundary of territorial waters.  The next two cases you’ll read about – watch for the next one in a couple of weeks - were under maritime law, because they happened at sea. 
 
If you’re interested in learning more about theatre safety – you should be! – check out Monona’s website at https://www.artscraftstheatersafety.org/  She has data sheets, books, as well as courses and a newsletter you can sign up for.
 
As a theatre safety geek myself I also have books available on theatre safety.  Two Safety Manuals (depending on whether your theatre has a fly system or not), a safety Signs and Documents handbook, and my book High School Theatre Management has an extensive chapter on Safety, which pertains to any theatre, not just schools.  You can see them at: https://www.presett.org/hstheatrebooks.html.  I also offer a downloadable Safety Webinar (https://www.presett.org/safetywebinar.html) and a free safety self-assessment you can do for your own theatre (https://www.presett.org/theatresafetystandards.html) – both of which pertain to all theatres, not just school theatres.
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Check back next week for a featured 'cruisetuber' and then Case #2 from Monona the week after that!
 
Please Like and Comment – I’d love to hear from you! Thanks!
 
Curious about working on a cruise ship?  Check out the Master Class
 
Serious about working on a cruise ship?  Check out the Discovery Cruise
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