Tuesday, October 19, 2010
Indiana OSHA says there is no evidence of negligence in accident during Transformers movie
The Chicago Personal Injury Blog is reporting that although the lawsuit filed against the producers of the film "Transformers 3" on behalf of an extra who was severely injured during the filming of a stunt is still moving ahead, the Indiana Occupational Safety and Health Administration has called the accident "unforeseeable" and cleared the producers of violating workplace safety rules. For more on the story go here and here. I am not sure the use of the term "unforseeable" is accurate here since what the Agency concluded was that those in charge of the film were not negligent. In other words, to the extent that the Agency's ruling relates to the elements of a tort action, the ruling is really that there was no breach, not that there is no foreseeability, a term that is usually used to refer to proximate cause or duty.