- November 28, 2024
- Attorney Matt Stoddard
- Premises Liability
Last month, OSHA concluded its investigation into the car wreck that injured eight crew members on the set of the upcoming Eddie Murphy action movie, The Pickup. According to OSHA’s findings, Armored Film, LLC and Amazon MGM Studios did not commit any workplace safety violations.
The crash took place in April, during a second unit stunt shoot here in Atlanta. Second unit filming focuses on shots that don’t involve credited actors or require the presence of the film’s main director. In this case, the second unit crew were working on an exterior shot of a collision between a BMW and an armored truck.
When the vehicles collided, the truck flipped unintentionally over the top of the car and broke open, ejecting two of the crew members inside. They both suffered critical injuries, and six others required hospital care for contusions and broken bones.
Police attributed the flip to the truck’s brush guard catching on the car’s wheel well. An anonymous crew member also told reporters that the truck had locked up unexpectedly, which could explain the vehicles colliding at a different angle than planned. The crew member went on to note that the stunt they were attempting isn’t usually considered complicated or high-risk.
Even if Armored Film and MGM did nothing wrong, as OSHA’s report attests, the fact remains that eight people were hurt, some of them seriously, and it’s worth getting to the bottom of what did go wrong.
Stunt Performers Have the Same Right to Safety as All Workers
When stunt accidents happen, it’s especially important to address a few common misconceptions and prejudices surrounding the stunt industry.
Whether consciously or unconsciously, many people mistakenly believe that accepting an unlimited amount of risk is part of a stunt performer’s job description. They might assume that stunt performers enjoy the feeling of real danger, or get paid a premium to act as disposable substitutes for famous actors.
In reality, the best stunt performers and coordinators are passionate about safety, not danger. Their job, their area of expertise, is finding the safest possible way to get the shot the director wants. On a responsibly run set, stunt coordinators should also feel safe vetoing excessively dangerous ideas and proposing more feasible alternatives.
In short, stunt work is about portraying fictional danger, not making it real. Stunt performers deserve to have their safety treated as a priority, just as much as people in any other line of work.
OSHA Only Examines the Conduct of Employers
The purpose of an OSHA investigation is to determine whether an employer is in compliance with federal safety standards. If so, the investigation ends. If not, OSHA might impose fines, or plan follow-up inspections to enforce changes moving forward.
Either way, the main goal is to prevent future accidents, not to provide existing victims with compensation or closure. If it turns out that someone other than the employer is to blame for a worker’s injuries, that falls beyond the scope of OSHA’s expertise and authority.
And that may be exactly what happened on the set of The Pickup.
As noted, witnesses and authorities have proposed two possible causes for the accident: the truck “locking up,” and its brush guard snagging on the other vehicle.
Either or both of these explanations may be true. And either or both of them would point to a possible product liability issue.
Movie studios, like just about any type of business, have to purchase their equipment and supplies from outside vendors. Those vendors are responsible for making sure their products are reasonably safe to use.
If a vehicle goes to market with faulty brakes or power steering that lock up during use, the manufacturer is liable for resulting injuries. It doesn’t matter whether the problem comes up while the user is driving to work, or performing a stunt on the set of a movie.
Likewise, auto accessory manufacturers can be held liable if their products end up making vehicles less safe.
Brush guards, also known as grill guards, bull bars, push bars, and even colloquially as “damage multipliers” are steel or aluminum structures that can be installed over a vehicle’s front bumper. They’re marketed to protect against damage during offroad driving, or in case of collisions with deer and other animals.
There’s no shortage of controversy around their use, due to the added danger they pose to pedestrians and occupants of smaller, less armored vehicles in case of a collision. Poorly designed brush guards can also endanger their own users by interfering with a vehicle’s built-in safety mechanisms.
It’s entirely possible the armored truck on the set of The Pickup was needlessly unsafe, without anyone from Armored Film or MGM realizing it.
Unfortunately, there doesn’t seem to be any ongoing investigation into these questions at the moment.
Survivors of the Crash Might Still Be Able to Collect Full Compensation
Movie studios are required to provide worker’s comp coverage for all of their employees, including stunt performers. Worker’s comp operates independently of OSHA and doesn’t require accident victims to wait for an investigation. Anyone who suffers an injury in the course of their employment is entitled to coverage, regardless of cause or fault.
The injured crew members of The Pickup have probably already received some worker’s comp benefits. Unfortunately, this doesn’t necessarily mean that they’re being well taken care of.
A serious injury can of course be devastating to someone’s quality of life, especially someone with a passion for a very physical profession like stunts. The worker’s comp system isn’t really set up to honor that reality. A worker’s comp settlement only covers approved medical expenses and two-thirds of estimated lost income. It doesn’t provide anything for pain, or for emotional losses.
To collect more complete compensation, accident survivors have to turn to civil litigation. Thankfully, a lawsuit against a third party, like a vehicle manufacturer, doesn’t interfere with worker’s comp benefits in any way. Survivors are free to pursue both avenues of compensation at once.
If you are one of the eight people injured on the set of The Pickup, or if you have also been injured on a movie set in Georgia, please feel free to reach out any time by phone or chat, to discuss your options in a free consultation.
Attorney Matt Stoddard
Matt Stoddard is a professional, hardworking, ethical advocate. He routinely faces some of the nation’s largest companies and some of the world’s largest insurers – opponents who have virtually unlimited resources. In these circumstances, Mr. Stoddard is comfortable. Mr. Stoddard provides his strongest efforts to his clients, and he devotes the firm’s significant financial resources to presenting the strongest case possible on their behalf. Matt understands that his clients must put their trust in him. That trust creates an obligation for Matt to work tirelessly on their behalf, and Matt Stoddard does not take that obligation lightly. [ Attorney Bio ]