Random question for APS legal eagles.

[just Warren]

I was watching a segment on how a daredevil nearly lost his leg doing a stunt.

That brought this question to my mind: If a daredevil dies during a stunt and you're part of his team, say the video guy or publicist or whatever job you may hold, even if unpaid, are you in anyway liable criminally or civilly for the death?

Would it matter if the relationships among the team were defined by a contract and things were run as a business concern as opposed to just a group of friends who get together to film things for fun? 

[De Selby]

I was watching a segment on how a daredevil nearly lost his leg doing a stunt.

That brought this question to my mind: If a daredevil dies during a stunt and you're part of his team, say the video guy or publicist or whatever job you may hold, even if unpaid, are you in anyway liable criminally or civilly for the death?

Would it matter if the relationships among the team were defined by a contract and things were run as a business concern as opposed to just a group of friends who get together to film things for fun? 

Depends greatly on a wide array of variables.

[Hawkmoon]

I agree that it varies greatly. That said ...

There was the case a year or too ago in which a guy told his girlfriend that a book would stop a bullet, so he had her shoot him in the chest while he held the book in front of him. Predictably, the bullet penetrated the book, and his chest. He died, and she was convicted of manslaughter even though it was his idea, she had expressed her concerns/objections, and he decided to go ahead.

https://www.thegoldwater.com/news/20647-Monalisa-Perez-Sentenced-For-YouTube-Stunt-That-Killed-Her-Boyfriend-Video

[Northwoods]

Depends on location, among other things.  Italy, for example, would be a poor choice of location for, well, anything if legal liability is possible.

[French G.]

Depends on location, among other things.  Italy, for example, would be a poor choice of location for, well, anything if legal liability is possible.

Having done stupid stuff in Italy, why is that?

[T.O.M.]

Probably the most significant factor in determining liability would be the role a crew member played in the stunt compared to the cause of death.   For example, if it's a motorcycle jump,  it would be difficult to see how a camera guy would be liable if there was a crash.  You would have to establish a duty on the crew member, a failure to properly do that duty, and a causal link between that failure and the death.

[Jamisjockey]

I'd imagine that for a properly sanctioned stunt, as long as you aren't negligent as a crew member, they'd be fine.  There is after all a stunt person association. 

[RoadKingLarry]

Having done stupid stuff in Italy, why is that?

For.one thing, in Italy they will keep trying you till they get the verdict they want. None of that double jeopardy stuff in their system.

[Northwoods]

For.one thing, in Italy they will keep trying you till they get the verdict they want. None of that double jeopardy stuff in their system.

Yep.  See the Williams F1 team after Ayrton Senna died, the geologists that failed to predict the earthquake that killed a bunch of people, Amanda Knox, etc.