Legal Question in Personal Injury in California
My son was rehearsing for a play at a large non profit theatre group. He was to start rehearsing a fight scene and the young man opposite him did not pull his punch. He actually hit my son breaking his jaw in two places and loosening his teeth. Is the theatre group or young man liable for medical bills incured?
4 Answers from Attorneys
There is no question but that the other actor was negligent. if the theatre group knew he might not pull the punch [either from past experience, lack of training, failure to supervise him, etc.] they mght also be liable for medical bills, pain and suffering, etc.
I am sorry to hear about your son's injuries. Lack of supervision and training would be your most likely theories of liability in support of negligence against the theatre group. If you would like to discuss the incident further, I would be happy to speak with you.
Regards,
Bryan
877.201.8728
Certainly the actor is liable, but I think it is also a given that simulating a fight can reasonably be expected to result in injuries if no one who is skilled is supervising. You may be assured that Mel Gibson and Danny Glover are coached by marital arts experts for their fight scenes. I see no reason a theater producer can assume that actors will be highly skilled in fighting so as not to injure each other through ignorance of proper simulation techniques. Good luck on your claim. I also think the theater company's insurance should cover your claim without too much question. Fortunately, even though this was a strike and not an accidental fall, it was still an unintentional hit and unintentional injury, so it should be covered.
He may be covered under worker's compensation benefits since his injuries seem to be work-related. If that's the case employers worker's comp carrier should pay for medical treatment, temporary disability benefits and a settlement for permanent disability benefits. Feel free to call us at 213.388.7070 for a free consultation.