<div dir="ltr">A big part of this is the contract terms. According to some media reports, the PCC's contract made them responsible for ALL rigging. <div><br></div><div>Definitions matter when it comes to the law. Defining who is responsible for what really matters. </div><div><br></div><div>If it were to have been properly defined in the contract, the outcome would likely have been far different. </div><div><br></div><div>Now, if it were properly defined, and then local crew got in the middle of it, you would have a whole other set of issues. </div><div><br></div><div>Rigging: The Venue is responsible for all attachments made directly to the buildings structure. This includes the attachment of the clients chain hoist(s) to the building structure and operation of the chain hoists. The tour shall utilize the Venue's riggers for the assembly and raising of all truss structures before the show. The tour is responsible for all human rigging (acrobatic rigging, aerial rigging, performer flying and similar rigging) from the truss down.</div><div><br></div><div>That kind of language would have been a game changer. </div><div><br></div><div>Unless every venue is going to have an aerial rigger in every time they have a circus type show in. </div></div><br><div class="gmail_quote"><div dir="ltr" class="gmail_attr">On Sun, Dec 27, 2020 at 8:50 PM Kristi R-C via Stagecraft <<a href="mailto:stagecraft@theatrical.net">stagecraft@theatrical.net</a>> wrote:<br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">
<div style="color:black;font:10pt Arial,Helvetica,sans-serif">One of the reason Workmans' Comp insurance exists is it protects the employer from being sued, then losing and going out of business which results in the loss of additional jobs. The WC claim will take care of the health care and partial income needs to "make the worker whole." and having that as a fairly automatic thing benefits both worker - since the bills are covered fairly quickly - and the employer who gets to stay in business.
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<div>Assuming Feld has WC insurance on their employees - and they more than likely do as it's a requirement in most states - they can't be directly sued by the workers for their injuries received on the job.
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<div>Now... the worker's families could sue for "loss of consortium" or any of a number of similar claims. The venue is going after Feld. </div>
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<div>The lesson for all of us is - if you see something that doesn't look right, say something and don't let anything go in the air you're not willing to be held liable for.</div>
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<div>If you are the hosting venue/organization, ensure you do your due diligence when to comes to safety - even when it's a "circus act that takes care of them selves" as we are often told. </div>
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<div>And if you're not certain, we've got lots of folks who know both Circus and ETCP rigging now - ASK!</div>
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<div>Kristi R-C<br>
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<div style="font-family:helvetica,arial;font-size:10pt;color:black">-----Original Message-----<br>
From: Bill Conner via Stagecraft <<a href="mailto:stagecraft@theatrical.net" target="_blank">stagecraft@theatrical.net</a>><br>
To: Stagecraft Mailing List <<a href="mailto:stagecraft@theatrical.net" target="_blank">stagecraft@theatrical.net</a>><br>
Cc: Bill Conner <<a href="mailto:billconnerastc@gmail.com" target="_blank">billconnerastc@gmail.com</a>><br>
Sent: Sun, Dec 27, 2020 12:08 pm<br>
Subject: Re: [SML] Venue/Landlord pay millions for Circus Rigging error<br>
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<div id="gmail-m_5362226345548255435yiv3192783919">
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<div>Interesting that the lawyers for this case were also leads on station fire. By their website, their two largest settlements, by significant amounts.</div>
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<div dir="ltr">On Sun, Dec 27, 2020, 12:56 PM Bill Conner <<a rel="nofollow noopener noreferrer" shape="rect" href="mailto:billconnerastc@gmail.com" target="_blank">billconnerastc@gmail.com</a>> wrote:<br clear="none"></div>
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<div>Interesting but not surprising. Very likely the civic center and its management had much deeper pockets - more insurance - than Feld. Seems like this may lead to more confrontations between venues and tours, since it seems to hold the venue responsible for the tour's work. That assumes tours will resume someday.
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<div>Lou, thanks for posting this. </div>
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<div dir="ltr">On Sat, Dec 26, 2020, 7:36 PM Lou Poppler via Stagecraft <<a rel="nofollow noopener noreferrer" shape="rect" href="mailto:stagecraft@theatrical.net" target="_blank">stagecraft@theatrical.net</a>> wrote:<br clear="none"></div>
<blockquote style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex"><a rel="nofollow noopener noreferrer" shape="rect" href="https://www.nytimes.com/2020/12/21/us/circus-acrobats-injured-settlement.html" target="_blank">https://www.nytimes.com/2020/12/21/us/circus-acrobats-injured-settlement.html</a><br clear="none">
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In Rhode Island in 2014, at a Feld "Ringling Bros" show, eight acrobats fell<br clear="none">
after a rigging failure. (IIRC the entire rigged assembly supporting the<br clear="none">
acrobats was suspended from a single carabiner which was cocked slightly<br clear="none">
so that the load was not oriented along the long axis.)<br clear="none">
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Later that year, OSHA issued a $7,000 fine — “the maximum fine allowed by law”<br clear="none">
— to Feld Entertainment. Last Monday, lawyers for the acrobats settled<br clear="none">
a lawsuit with the owner and operator of the arena where the performance took <br clear="none">
place, for $52.5 million (Rhode Island Convention Center, and SMG).<br clear="none">
<br clear="none">
The acrobats' lawyer said: "There are safety standards and safety features <br clear="none">
that were supposed to be in place for every event, no matter whether it’s <br clear="none">
the circus, or whether you’re dealing with, you know, college basketball,” <br clear="none">
Mr. Mandell said. “Those were not used, they were not utilized for this <br clear="none">
performance, and so that is where our claims against the arena derived from.”<br clear="none">
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My interest in all this, as a retired local crew high rigger (or sometimes<br clear="none">
lead local rigger) is to suggest that we might need to be more assertive<br clear="none">
about complaining, when we see the touring riggers or show management<br clear="none">
rigging something in a questionable manner.<br clear="none">
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