Behind the Scenes: Safety Issues on Film Sets
Unfortunately, this is not the first fatal incident to happen in pursuit of the perfect camera angle. Since 1990, over 43 deaths have occurred on film and television sets in the United States, prompting improved film industry safety regulations—as well as lawsuits.[1] Typically, civil claims are filed against the director, production company or crew members, although criminal charges are not out of the question.[2]
Earlier this year, the Court of Appeals of Georgia reversed a jury verdict awarding $8.6 million in damages to the parents of John Bernecker, who died on the set of The Walking Dead when a stunt that involved falling from a balcony went awry.[3] There was a “catcher system” in place for the stunt, but Bernecker landed head first on an unprotected stretch of concrete under the balcony, possibly due to an accidental maneuver by a fellow actor that interrupted the careful choreography involved in the stunt fall.[4] Although a jury found that Stalwart Films, unit production manager Tom Luse, first assistant director Jeffrey January, stunt coordinator Monty Simons, and TWD Products VIII’s negligence was the proximate cause of Bernecker’s death, the appellate court ruled that Bernecker was an employee of Stalwart Films and all claims were barred by the exclusive remedy provision of the Workers’ Compensation Act.[5]
Those involved in the production of Midnight Rider faced a similar wrongful death suit.[6] Camera assistant Sarah Jones was brutally struck by a train while “stealing a shot” on an active train trestle in Georgia.[7] The team was filming a scene involving a hospital bed positioned across train tracks without permission from the railroad—and without basic safety precautions such as safety briefings, as an investigation later revealed.[8] When a train unexpectedly approached the trestle, the crew had less than 40 seconds to vacate the tracks, and Jones was trapped.[9] At trial, the jury assigned “35 percent responsibility to CSX [Transportation, Inc., the company that owned the railroad tracks] . . .18 percent to Rayonier Performance Fibers LLC [the company that owned the land adjacent to the tracks], 28 percent to Film Allman employee and director Randall Miller, 7 percent to both Film Allman employees Jody Savin and Hillary Schwartz and 5 percent to Film Allman employee Jay Sedrish.”[10] However, CSX was the only defendant to actually go to trial.[11]
Additionally, Midnight Rider director Randall Miller and unit production manager Jay Sedrish pleaded guilty to charges of criminal trespass and involuntary manslaughter; first assistant director Hillary Schwartz was later also found guilty of criminal trespass and involuntary manslaughter.[12] Miller was sentenced to two years in Wayne County Jail.[13] The Occupational Safety and Health Administration also fined production company Film Allman $74,900 for failure to provide fall protection to its employees working on the trestle (violating 29 C.F.R. § 1910.23(c)(1) and (e)(1)) and for willfully exposing employees to the hazard of being struck by a train (violating 29 U.S.C. § 654(a)(1)).[14] Administrative Law Judge Sharon D. Calhoun wrote, “The injuries to the supervisors’ co-workers and the death of [redacted] were not the results of a freak accident—they were the entirely predictable consequences of working on active tracks without the railroad owner’s permission.”[15] The fine was later affirmed by the 11th Circuit.[16]
The investigation into the tragic accident on the set of Rust is ongoing.[17] Early reports suggested unrest and unsafe working conditions on the set.[18] Prior to the fatal shooting, several crew members walked off the job to protest working conditions, and text messages between film personnel indicate concern about a “super unsafe” environment, referencing several accidental gun discharges.[19] Assistant director Dave Halls had stated that the gun was “cold” as he handed the prop to Baldwin, indicating that it contained no live rounds and was safe to use, but he later revealed that he did not thoroughly check the weapon before making the announcement.[20] It remains unclear how or why a live round of ammunition was present on the film set.[21]
On November 10, 2021, Serge Svetnoy, a crew member who was narrowly missed by the bullet Baldwin fired, filed a complaint in Los Angeles County Court alleging that he suffered “injury, including severe emotional distress” as a result of the wrongful discharge caused by “the negligent acts and omissions of Defendants.”[22] The complaint names Baldwin and Halls as defendants, as well as other crew members, producers and production companies, and seeks an unspecified amount of compensatory and punitive damages.[23] No criminal charges have been filed at this time.[24]
Asked to comment on the incident, Jeff Harris, lead attorney in both The Walking Dead and Midnight Rider cases, said “[Y]ou don’t have this [prop gun fatalities] happen if basic safety policies are being followed. The end.”[25]
Footnotes
