tended concern. One phrase used in this type of liability is Res Ipsa Loquiror. The fact that an incident or accident happened. or occurred. presumes that this fact can stand on its own merits. There is a presumption of negligence just because it did occur. We call this absolute or strict liability. All the people which we have talked about can be liable in these cases. 9 PRODUCT LIABILITY. This type of liability may be connected with COMPLETED OPERATIO S LIABILITY or with PROFESSIONAL LIABILITY. A product fails and a loss occurs. This product was specifically intended for a particular use and failed in that use. The product was defective in some way (Res Ipsa Loquitor). There could be some presumption of negligence here. and strict liability might be directed to the manufacturer of the product. 10 COMPLETED OPERATIONS LIABILITY. A specific contractor (person or company) installed some rigging equipment. for instance. Whoever contracted for this equipment and its installation accepted the rigging. If the rigging fails and some loss occurs. and negl igence can be shown (by the fact that it failed). then the contractor would come under the COMPLETED OPERATIONS LIABILITY. not STRICT LIABILITY. Remember negligence must be shown in all cases. 11 GE ERAL LIABILITY. In every case. if the technician. by his or her skills and experience knows or discovers any equipment or system that is defective or malfunctioning or presently and potentially hazardous (not working properly or correctly). and he or she continues to use that piece of equipment or system. or directs others to do so until it fails or a loss occurs. the technician could be found negligent in a law suit. In fact. there is the possibility that if the technician continued to use the equipment. this continued use of the defective equipment could be an "intervening cause" and reduce the liability of the contractor. 12 PREMISES LIABILITY. This exposure is derived from the use of the property 0 or II which any type of production occurs: locations. stadiums. fair grounds. auditoriums. streets. centers. mountain tops. and fields. Particular hazards which can cause slipping. tripping. falling. or striking against. are potential areas for legal action. We must take into consideration in USITT Fall. 1982 all of these sites and their separate situations. that there are laws and ordinances. federal and state. which mandate safe equipment. a safe and healthful working environment. and systems to back up the compliance with these directives. Fiscal reasons are always ever present: fines and lawsuits. 13 LIABILITY I SURA CEo Anyone can sue and for any reason. even if the reason is fradulent. You have to defend yourself. This can be very expensive. The technician. because of his or her unique position. should very carefully examine the type of work he or she does. and what is required. Perhaps it would be wise and fiscally sound to carry your own liability insurance. (This at least would pay for the lawsuit and defense. even if the suit is fraudulent. Consider what might occur to you if you are not covered by liability insurance.) There are many technicians who do not have liability insurance or insurance of any kind. I have talked to hundreds of technicians who say they cannot afford to have insurance. It seems to me that you cannot afford not to be covered by liability insurance. 14 OTHER POSSIBLE COVERAGES. If you don't have a policy of your own. determine whether or not you are covered by a policy purchased by your employer. If you are not covered. then the burden is upon you - whether you are a professional. amateur. or volunteer - to take this action. Every volunteer hour. at any work site, for anyone. is a potential problem. If you are named in a lawsuit. you must be proven negligent. and to defend yourself you will need money for attorney fees, time off. and the normal expenses for your daily and monthly routine. Be prepared. 15 POSSIBLE SOLUTIO S. To handle pure risks to which you are exposed. you might consider two approaches: RISK FI A CI G. i.e .. the transferring of the payment of a loss to someone else. usually a third party (the insurance company) the previous coverages we have discussed could all be considered in this class: or LOSS COt TROL or RISK MA AGEME T in which the intention is to control. prevent. and reduce losses. How does the technician apply these controls·J a. Refuse to use unsafe equipment (a courageous act). I venture to say. based on some opinion and some factual data. that if technicians refused to operate unsafe equipment and work in unsafe environments. a great number of productions would not be in operation. b. Require all equipment you use to be checked-out for safety. c. Require safety personnel to inspect and monitor all locations. d. Develop specific. realistic standards for all situations. Encourage others to support these safety efforts. Organize and join groups or organizations which sponsor and further health and safety practices. These groups will usually aid in your efforts (PEPS. USITT. ASSE. AT A. IATSE. ABET). e. Firmly request. with conviction based on facts. safe equipment. and push for procedures to bring about safety guidelines for the design. man ufacture. and installation of all equipment. f. Recommend all repairs to any material in writing. Document your need by anecdotal material and photography. You. as the entertainment technician, must take the bull by the horns to protect yourself and your environment. No one else will protect your future. This is the best remedy in the liability arena. 16 LIABILITY HAZARDS. Technicians need to be able to recognize hazards. Our experience and observation indicates that most technicians become oblivious to hazards they work with day by day. Some hazards are designed into some facilities and systems. as well as the equipment and relegated to the acceptable in work practice. We tend to adjust to them and to work around them. or we jerry-rig some things and work with them. The show must go on. Temporary wiring, slicing into cables. moving items which block exits and fire prevention gear, using toxic substances. leaving out a process to save time, taking guards off equipment. not wearing protective gear. overloading camera cars, not grounding all electrical units. reaching into developing tanks for broken film and not washing up afterward. and a million other hazardous situations - the short cuts are always with us. But they are insidious. and they become a way of working. and a way of thinking. and they end in accidents. injuries. and sometimes fatalities. What then is our responsibility. our obligation to control these losses. to avoid the hazards and recognize them'? 17 K OW THE REQUIREME TS OF EACH WORKING U IT. a. What Codes or Guidelines apply to each area in which you are supposed to work':' If there are no Codes there may Theatre Design & Technology 17