‘Walking Dead’ Stuntman John Bernecker’s Death Raises Liability, Insurance Questions

NEW YORK, NY – OCTOBER 08: Cast and organisation of a walking passed pronounce onstage during AMC presents ‘The Walking Dead’ during New York Comic Con during The Theater during Madison Square Garden on Oct 8, 2016 in New York City. (Photo by Jamie McCarthy/Getty Images for AMC)

According to countless media outlets, stuntman John Bernecker, who had postulated serious blunt force mishap injuries when he fell some-more than 20 feet off a patio onto a petrify building while behaving attempt work for a strike AMC uncover The Walking Dead, succumbed to his injuries, flitting on Wednesday night when his ventilator was incited off. With over 90 attempt performer credits (along with countless behaving credits), Bernecker was, by all accounts, a seasoned and gifted performer, and his genocide is tragedy by any standard.

Bernecker is, of course, not a initial performer to be killed during film or radio production. Famously, Brandon Lee, a son of martial humanities movement star Bruce Lee, was incidentally shot and killed during a filming of a 1994 film The Crow. Other important films that were struck by random deaths to expel or organisation members enclosed The Bodyguard, Cannonball Run, Twilight Zone: The Movie and Ben-Hur. Three people died during a 1928 prolongation of Noah’s Ark, that is pronounced to have played a vital purpose in a growth of film prolongation reserve regulations. Although complicated technologic advancements in special effects (like CGI) have presumably done productions safer, this collision is another sign of a risks involved.

Bernecker’s comfortless genocide will no doubt lead to countless investigations (and presumably lawsuits) to establish how and because this disaster happened, and who is to blame. Modern film and radio productions are sprawling collaborations, with any series of companies operative together to yield their possess grant to a final product we see on a screen. Divvying adult shortcoming for a detriment will count on a significant integrity to try that celebration or parties (if any) were during error and a authorised research of their relations to Bernecker and with any other. Typically, earthy injuries (including death) postulated by an worker during a range of his or her use tumble underneath workers remuneration law. However, even yet Bernecker’s genocide was, by all accounts, associated to his work on a show, if companies other than his employer were found to be partially obliged for a accident, they too could be hold probable underneath loosening or prejudicial genocide theories. Typically, such other companies would demeanour to their ubiquitous guilt word policies, that cover claims of corporeal damage (including death) to respond to any claims filed by Bernecker’s estate. Additionally, a several contracts and arrangements between a companies concerned in a prolongation might embody any series of supplies that could impact guilt including indemnification provisions, co-insurance agreements, waivers of subrogation, guilt waivers, and even co-employment arrangements. Finally, common negotiate agreements and other matters associated to Bernecker’s kinship membership could also impact who is eventually found probable for a accident.

With all of these significant and authorised questions during play, it could be utterly a while before a dirt settles on any questions of guilt and remuneration to a family and heirs of Bernecker’s estate for his black loss.

Joseph Balice is a Partner at Brutzkus Gubner Rozansky Seror Weber. He is a member of a polite lawsuit team, and his use focuses essentially on representing policyholders when insurance company carriers deny claims.

About admin