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Ive had an accident in a theatre


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Before I explain I just want to say that there are no pound signs in my eyes.

 

On thursday of this week I went to a local theatre who hired my company to service their existing setup, everything was de rigged for cleaning etc and I trundled over there in the after noon to put the speakers back up on the walls (installation was done by a company named after large holes in mountains).

 

I preped my working space and proceeded to slip the first speaker onto its bracket (speakers are moulded das cabs 12" driver) and the mounts are made by proel, the install is only one year old.

 

halfway down the ladder the bracket came out of the wall and the speaker fell hitting me on the back of the neck, the bracket was hanging on with one bolt so the top of the speaker is now facing me (side to the ground), being roughly 1.8 metres off the ground holding a speaker which is holding itself on for dear life was a scary thing.

 

The guys on the floor were helpless and diddnt know what to do, anyway I was in close proximity to a mirrored wall so thought that to let go and take my chances would be a stupid idea so I pulled the speaker from the bracket and took a jult to the arm and shoulder as I caught it.

 

I made my way down to the ground to calm down.

 

This is the very condensed version by the way.

 

Anyway being in serious pain I was taken to hospital and treated for whiplash injurys and have suffered a sprained shoulder and damaged tendons.

 

The company in question were called in on friday and left saying "that wall was sh**".

 

When they did their original install they drilled six brackets into the walls the one in question was one of the back pair which were not used at first, the theatre asked us to put the speakers at the back as the space is being used the other way round.

 

basicly the install work was very shoddy, the wall was very much unsuitable (brick was behind 6 inches of sandy concrete) they drilled 4 inch bolts , its a miricle the bracket stayed up on its own.

 

I diddnt think to cheque the intsall being that its all covered in their company stickers and being a small but well known company I diddnt think that anything lilke this would ever happen.

 

I can email pics to anyone interested to see the leftovers and the hanging bracket, pm me with your email address.

 

I just want to know what you would all do if it was you.

 

thanks for reading

 

Mark

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I think maybe for once this isn't the place to ask for advice of this type. Real accurate legal advice is important here, worth a visit for advice.

 

I think from reading your blurb that a few things may be worth considering before you take it further.

 

Danger areas:

 

Ladder. For access only, not for working from, certainly not with the extra weight of a speaker.

 

Bracket. Did you test it before putting the weight of the speaker on it? Ascertaining the strength of the fixing before using it would, I'm assuming be your responsibility, not that of the original installer. I'm sure they would argue that the standard of work was ok when done originally and that they would of course have tested it prior to use. If the wall was defective, and they could not have reasonably detected it, I think they would have a reasonable defence.

 

So - any claim you put in is likely to be met with a counter-claim blaming you. No doubt they will request your own risk assessment and use the accident itself as proof that you didn't do it properly (I'm not blaming you, as I've done similar myself). The snag as I see it, is that using a ladder in this way rather than zip up or other access equipment could be considered bad practice. Hanging a speaker from an untested bracket similar iffy practice. Even if the original people have to take some responsibility, they would argue that your actual injury was just down to how you did it.

 

This is why real legal experts are needed here. My comments are just that, commons sense comments. I hope the leagal eagles prove me wrong on this one.

paul

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I know nothing about the legal aspects of this but as a start the brackets - all of them should be put out of use until the company which did the install, or another if the venue do not want to go back to them, have been in and inspected them as safe, and if they are not safe then any remedial action has been taken to make them safe.
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hey paul,

 

thanks for the reply,

 

I totally understand where you are coming from, the scaff tower was to big to get to the gap so I had no choice than to use a ladder, the original install was certified by the company in question and these brackets had never been touched since installation, the theatre kept asking for them to come in and move the speakers but they never did hence why we got the call.

 

I personally wouldnt take them to court as thats not my belief in this particular situation, but the theatre want to take it further, they had a contractor come in to look after the company left on friday and left in writing a letter stating that its obvious that the area in question was not suitable for the purpose of mounting equipment and the fixings were incorrect.

 

Also they bent the damaged bracket back into shape and re installed it on the adjacent wall.

 

legalities are a mine field, iam seeking opinions and advice.

 

many thanks again

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I know where you are coming from. It scares everyone when these things happen. We were actually talking about our similar accident today. Two large old cabs mounted about 2.5m above ground needed removing. I climbed the ladder and removed the bolts top and bottom, and decided before slipping it out to put a piece of rope on so someone could assist with the weight during lowering. I found an old piece of 1" hemp and tied it on. As it cleared the brackets, it was obvious the rope was a good idea, as they were far too heavy to have carried them down by ladder. About 2 feet from the floor, THE HEMP SNAPPED!!! Turned out the inside was completely rotten - having been damp at some time, I guess. I never ever thought 1" hemp could be snapped like this. Nobody was hurt, thank god.

 

In your case, just in case anyone involved takes it further, it would be sensible to have put this all to a leagal beagle in advance, just to make sure. You might not want to claim, but the venue, or original company might, and you'd be stuck in the middle.

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It may also be sensible to seek you advice not from the same company as the venue in case there is a conflict of interest type situation. Also it may be worth contacting your Union if you are in one, and your PLI company in case there is any comeback against you.
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I can't quite understand this; once you'd replaced the speaker back on its bracket, you climbed back down the ladder, and it fell on you halfway down?

 

I just can't understand why you even tried to catch the speaker?! Whilst perched on a ladder, it would be the last thing on my mind! That damage to your arm could have permanant consequences... why were you so fussed about the speaker?

 

I know obviously there is the risk of someone below, but as professionals (which I assume you were?), surely you knew not to stand below a speaker, especially one being fitted off of a ladder! :S Personally I would have not worried about the speaker, soon as I saw it moving shout a warning, but certainly not try something as dangerous as to catch it... the ladder could have been jolted, and you would plummet to your death! :S

 

Stuff the speaker -thats what insurance is for! Life is so much more important! :s

 

I just seriously hope you don't suffer any long term consequences as a result of the jar to your arm!

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Even if you don't want to take it to court, make sure you keep copies of everything - get a copy of the guys report saying the install was unsuitable. Keep a copy of the incident report (You did fill one out I hope), and also the medical reports. If they were not yet removed, I would have suggested that you get a second oppinion as well.

 

My mum was burned by a situation much like this, and thank god she has an obsession with filing everything. She did not claim comp for it, although the company she worked for was quite appologetic and gave her 3 weeks paid leave for the incident. It was when the company sued the manufacturer of the goods (or the installer, not sure) and included the three weeks paid leave in their claim, that mum was called in.

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Guest lightnix

Professional legal advice is the only way to go IMHO. There's probably not a lot we can do for you in here, other than offer sympathy :D

 

If you are a member of the PSA or FSB, then you have access to a free legal advice service over the 'phone. I'm a member of both and found, more than once, that having not just one, but two indepenent sources of advice can be invaluable - certainly worth more than the cost of the membership.

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It is an interesting occurance. As people have said you should go for some proper legal advice, however I feel I should dispute two of Pauls points...

 

1) - Paul says you could be blamed for not completing a risk assesment.. As far as I read it you were an employee of the theatre, asked to do a certain job and given the tools to do that job, it is the responsibility of the employer to complete the risk assesments etc as far as I would see it..

 

2) Paul says you should have tested the fixing for weight first.. However seeing as the fixing was installed as a speaker hanging point, and you were hanging the speaker on it, I would say you were uising the point withing its designed useage, and you should be able to assume that it has been tested and checked (either by the venue or the installer). If the fixings were unsuitable I would think this would be the fault of the installer as they should check the structure of the wall before installing the item.

 

However, if you were purely contracted as a self-employed freelancer to install those speakers in that position for a fixed fee, then it could be deemed rather more your fault, especially in terms of the Risk Assesments and use of ladders.

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I can see where Richard is coming from - but in my own experience, RA is either really well integrated and carried out automatically, or is a paper excercise, designed for filing cabinets and often carried out retrospectively, once things have been done. My own view is 'cover my own back - just in case'. After all, if you hang something heavy, it doesn't really matter if you are self-employed or employee status - if you do it, and it goes wrong - you get the blame (and consequences).

 

So, my view would be before I stick anything heavy up in the air (especially on the audience side of the line) I would make sure the damn thing was going to stay up. Not necessarily a 'technical' test, but an assessment of how secure the mounting was. After all - you didn't put the bracket up, have no idea what the wall condition was then or is now or any knowledge of the fixings - inch 8's or rawlbolts or frame fixings - unless a hex head, many look the same. Me - I'd have hung my 14 stones on the top and checked it held.

 

legal issues aside - maybe I'm a bit odd, but I never trust work done by someone else unless I can assess how well it was done first. If in doubt, check. In this case, it does seem the original install was at fault, but that is history now. The only way they will accept any responsibility will by legal requirment

 

A quick comment on the question of who does the RA. Unless you have a larger staff, then isn't it normal for the person doing the job to do the assessment? The way of working in many venues is for the HOD/Technical manager to do the RA's unless s/he isn't there (as in the evenings in many places), then it devolves down to - the person doing the job that needs one. Seems to me that when I get called in to do a job, the assessment is up to me, as will the blame be directed if I #### up.

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Hello

 

I have to admit Paul that on second reading he does state that 'His company was hired' to do the job, therefore the RA's would fall under his remit.

 

I would however say that in this situation him putting his weight on the fixing would have made things worse, as he would have ended up falling the 2m or whatever rather than just the speaker!

 

As to who does the RAs usually, I would agree it is usually the Tech Manager/HOD, however often the person actually doing the job is a casual, and I'm yet to find a theatre that asks for RA's from its casual staff!!

 

Richard

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take your point Richard - especially the bit about casuals. Probably going way OT here, but the skill level of casuals goes from excellent, to 'beathing'. I guess the issue is that in many cases, the RA's just don't happen.

 

As for the weight test - I think I'm not talking about 'hanging' off it, but applying my weight in a safe manner from either a stable access platform or via a drift or something similar, from ground level, wearing appropriate safety clothing and headwear, under carefully controlled test conditions, with full attention paid to maintaining a safe and effective work area.......

 

That's what I meant to say, of course.

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As for the weight test - I think I'm not talking about 'hanging' off it, but applying my weight in a safe manner from either a stable access platform or via a drift or something similar, from ground level, wearing appropriate safety clothing and headwear, under carefully controlled test conditions, with full attention paid to maintaining a safe and effective work area.......

 

That's what I meant to say, of course.

 

After having completed a full RA no doubt :D

 

In my experience, RAs are only carried out on things which pose a risk. ie something which is likely to happen. Many people have the attitude that 'It'll never happen' and so the RA, if it is done, will have the risk (likelihood) as small or insignificant. What they need to remember is that the hazard (The effects if it does happen) may be high.

 

For example. A fixed lighting rig, bolted to the ceiling. If done properly, it should never fall down. But if it does the consequences could be catastrophic. That's why they should be Risk Assessed. Usually the RA will recommend periodic inspections and maintenance to ensure it stays on the ceiling. Any lanterns fitted to it have secondary fixings etc.

All this should then be incorporated into the company Health and Safety policy. (A legal requirement if they employ 20+ people.)

Any contractor visiting the site should be made aware of any relevant H&S and monitored for compliance. (I've seen a large company booted off site for non-compliance) This is because the company have a responsibility for the actions of sub-contractors.

 

So, finally to get to the point...

 

In my opinion* there is blame on all sides. (The theatre, the rigging co. and the sub-contractor) The legal beagles will have lots of fun with it trying to sort it out and the result will possibly come down to who has the best legal team.

Without knowing a lot more information, that is about as much as you're going to get.

 

Another thought. This may be a RIDDOR reportable incident (Fall from a height or if you need to take 3 days off work etc.)

 

* I have worked in the H&S field for a number of years and have been involved in accident investigations in the past.

[Disclaimer] This opinion is mine personally not professionally and can not be used other than in the context of 'friendly advice to get legal help'. A proper investigation would need to be carried out to determine the actual circumstances and should be carried out by a qualified professional [/Disclaimer]

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Why dint the speaker have a safety bond on it?

 

The installs I've worked on, ive always put on a safety bond on it, and I have not come across one that hasn't. Again like others have said,nyou really aint got a foot to stand on, u carried it up a ladder, u rigged it. You should of made sure it was safe. i.e. a safety chain.

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