About 16 zombie actors were injured on set after a "Resident Evil" accident this week in Toronto.
The accident occurred when a 4-foot high platform separated from the rest of the movie set, causing a gap. As a result, some of the actors who were performing on the platform fell.
The injured individuals were all decked out in zombie costume and makeup at the time of the accident. In fact, the gory special effects initially made it difficult to sort out the real victims.
Twelve actors were taken to the hospital.
If the stage was negligently designed or constructed, the movie studio or whoever constructed the set could be held liable.
While there is no word yet on any potential lawsuits, what might they look like if an injured actor decided to file suit (in the U.S.)? In a negligence action, the plaintiff (zombie or otherwise) needs to prove several elements:
There was a duty of care owed to the plaintiff by the defendant.
There was a breach of that duty of care.
There is a connection between the breach of duty and the plaintiff's injury.
The harm was foreseeable.
There were damages resulting from the defendant's breach.
The movie studio and whoever constructed the set likely had a duty of care toward the actors. And if the set was poorly designed or put together in a sloppy manner, they probably did breach that duty.
And the harm would have been foreseeable. The set was meant for actors to walk across. It was also elevated. Any reasonable person would know that if you shoddily construct an elevated stage, injuries can occur.
Was there negligence? Authorities are still investigating. The Ontario Ministry of Labor has sent an inspector and an engineer to the site, according to the AP.
Luckily, all of the zombie actors are alive and well. None of the injuries sustained in the "Resident Evil" accident were life-threatening.
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