Mitigating Risks in the Performing Arts: the Value of Liability Insurance and Safety Measures
Real on-stage incidents that have lead to audience member injuries or property damage during a show highlight the necessity of performers’ commercial general liability (CGL) insurance—and underscore why many performers opt for liability coverage.
An audience member breaks her ankle tripping over an aerialist’s rig at an event.
A bystander suffers a back injury when a mime jumps into his arms.
A stage sustains damage when a fire juggler drops a flaming prop.
A German wheel careens into a spectator when the wind grabs hold of it… and that spectator is a lawyer.
These very real examples of claims from Specialty Insurance Agency illustrate the benefits of having performers’ commercial general liability (CGL) insurance, especially when performing in the litigious United States. Each of these instances would have been financially devastating to the performing artist had they not had liability coverage. Many performers purchase coverage because an event or venue they’ve booked requires it – they can’t work the gig without coverage – and each of these claim examples illustrates why. After all, the event or venue a performer is working at doesn’t want to be on the hook for paying out any damages the performer is responsible for causing.
Performers’ CGL coverage does not insure a performer’s own injury (that’s what health insurance is for), or a performer’s own ongoing care after a catastrophic accident (this is where long-term disability and long-term care insurance comes in). Instead, CGL coverage will pay for claims should others be injured or the property of others sustain damage caused by the insured performer.
Insurers know freak accidents can happen; however, many instances of damage or injury are preventable – and accident prevention is important. Very few people want to cause harm to others; at the very least, claims against you and the accompanying lawsuits are extremely stressful. It’s also important to prevent accidents to maintain the financial solvency of your insurance policy: if a performer’s losses prove them to be too risky to insure, they could be dropped from a policy – and it wouldn’t be easy (or maybe even possible) to get new coverage. Each of the claims mentioned above could have been prevented:
· Every performer should set up a clear perimeter that audience members can’t pass through. This will help keep them safe from your equipment.
· If you’re a mime, be aware that not all your gestures are easily decipherable, and maybe that spectator didn’t really give you permission to jump into his arms.
· If you’re a fire performer, always have fire safeties on hand and be in control of your flame – and don’t even think of performing with fire unless you’ve done your research and undergone extensive training.
· When performing outside, be aware of how weather can increase risk. High winds can overturn pop-up tents, topple portable rigs, or even rip a German Wheel from very strong hands. If weather is iffy, reschedule outdoor performances.
Additional safety tips to consider include the following:
· Be aware of your surroundings, and don’t forget to look UP! What’s going on above?
· Always use trusted, certified riggers: this is not only for others’ safety, but also your own! Then, double- and triple-check your rigging.
· Never perform above spectators. Keep your crash zone clear of audience members and other performers.
· Check all your equipment for wear and tear.
· Never trust others implicitly when it comes to your rigging, especially if you’re an aerialist. Take a course and become knowledgeable about point loads; force; appropriate rigging points; hardware, suspension, and apparatus considerations; and more. What’s that wench rated for? Did you ask?
· Practice in your costume and with the apparatus you’re performing on before performance day.
· Some costumes are unwieldy – be aware of your surroundings! If you’re wearing a large dinosaur costume, that inflatable tail can easily knock over a flat-screen TV. If you’ve donned a beautiful mermaid tail, that flipper can certainly knock out a child in a pool.
· Never agree to last-minute changes involving your performance if you’re not 100% comfortable.
· If a venue seems unfit, reconsider your performance. e.g., You’ve booked an aerial chains act for a New Year’s Eve gig, but the venue had been blowing bubbles everywhere prior to your performance, and now your chains are slippery. Consider scrapping your prepared routine and only perform basic tricks.
Special considerations for fire performance should always be followed:
· Keep fueling stations away from the performance area.
· Be sure to have a flashlight at that fueling station – don’t use a lighter to see!
· Always seal fuel canisters when not in use.
· Don’t forget your funnel!
· Bring plastic bags for fueled wicks so the fuel doesn’t evaporate while waiting to go on.
· As mentioned above, have a safety spotter and make sure they understand your props (how you use them and how to extinguish them).
· Duvetyne or wet towels are a must.
· Use only natural materials for costumes and spray your hair with water prior to performing.
· Check out this blog from Specialty Insurance Agency for more safety tips!
We invite you to share your own plans and tactics with us in the comments. What do you do to ensure audience safety during your performances?
Main Image: Artist - Morgan Floki. All images are courtesy of Specialty Insurance. All artists featured on the images are clients of Specialty Insurance.
SIA offers Commercial General Liability policies for individual performers, select groups of performers, mobile vendors, and event/wedding planners across the United States, Canada, and the U.S.-owned islands (insureds must be living in the U.S. to have coverage)! We also offer Inland Marine (or your business’ personal property), Cyber Liability, Sexual Abuse and Molestation, and Professional Liability* coverage. When you hear Specialty Insurance Agency, think mimes and mermaids, fire performers and aerialists – or food trucks and farm stands, artisan crafters and kettle korn booths.
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