Ten Entertainers Who Have Died in the Workplace

Do You Think Your Job Is Dangerous?

We all know that some jobs pose more risk than others.  Construction, farming and manufacturing all claim far too many lives every year. When it comes to dangerous professions, you would be forgiven for putting entertainers on the same level as office workers. However, it may surprise you to know that many entertainers have been killed in the workplace. Most of us have heard the sad tale of Brandon Lee who lost his life on the film-set of The Crow, but here are ten less well-known examples of entertainers who have suffered a fatal accident at work.

1.   Molière 1632-1673

One of the foremost comedy masters in world literature, the French playwright and actor’s most famous performance was his last.  He suffered from pulmonary tuberculosis and whilst performing in Le Malade imaginaire (The Imaginary Invalid), the last play he ever wrote, he collapsed on-stage after a fit of coughing and died a few hours later.

2.  Madame deLinsky died 1820

One of the oldest and most famous magic tricks is the ‘Bullet Catch’, however, this illusion is not for the faint-hearted and many a magician has died in front of their audience whilst performing it.  In 1820, a magician’s assistant Madame DeLinsky perished when the gun being used for the trick was loaded with a live bullet instead of a blank.

3.  John Marshall Alexander, Jr. 1929 –1954

On Christmas Day in 1954, the American rhythm and blues singer was playing with a .22 calibre revolver during a performance break in Houston, Texas.  Exactly what happened has always been disputed, but the young singer accidentally shot himself in the head and died.

4.  Les Harvey 1944 – 1972

A member of the Scottish band The Stone Crows, Harvey was electrocuted and died instantly during a sound check after touching an un-earthed microphone at the Top Rank Ballroom in Swansea.

5. Paul Mantz 1903-1965

Mantz, an experienced stunt pilot, was killed on the set of The Flight of the Phoenix when the plane he was flying during a stunt scene crashed into a hill.

6.  Karl Wallenda 1905-1978

The veteran high-wire walker plunged to his death after strong winds and a badly secured cable caused him to fall from the 10^th story of the Condado Plaza Hotel in San Juan, Puerto Rico.  The moment was captured by a film crew and broadcast around the world.

7.  Vic Morrow 1929-1982

In one of the movie world’s most gruesome accidents, Morrow was decapitated during the filming of Twilight Zone: The Movie when a helicopter crashed on top of him and two child actors, killing all three instantly.

8.  Jon-Erik Hexum 1957-1984

The young American Actor and model died on the set of the TV show Cover Up after fooling around on set taking a blank-loaded gun and firing at point-blank range into his temple.  The impact was enough to shatter a piece of his skull and cause a massive haemorrhage.  He was pronounced brain-dead in hospital six days later.

9.  Eric Morecambe 1926-1984

The much loved comedian was performing at the Roses Theatre in Tewkesbury when he collapsed from a heart attack just after leaving the stage following six curtain calls.  His last words were jokingly “Thank goodness that’s over”.

10.  Owen Hart 1965 – 1999

The Canadian wrestler was killed when a harness, which was supposed to lower him into the ring for a pay-for-view match, malfunctioned causing him to fall 78 feet into the ring.  Although he sat up briefly after the fall, he collapsed and died shortly afterwards from internal bleeding.

If you have been injured at work, or have lost a loved one due to a workplace accident, you may be entitled to compensation.  Contact us today by filling out this form or call us on 0800 221 8888.

Some Like It Hot Protecting Yourself Against Malignant Melanoma

Ahh summer.  BBQs, holidays, long balmy evenings and relaxing days catching up on the latest summer blockbusters by the seaside.  Along with the glorious weather comes a chance to bare a little more and, let’s face it, most of us would rather show off golden brown skin as opposed to lily-white flesh.

Unfortunately, a glowing tan, via sunbathing or a sunbed, can come at a terrible price.  Malignant melanoma is the fifth most common cause of cancer in the UK and it was reported this week that even applying factor 50 sunscreen will not prevent this disease developing[1].

So what is malignant melanoma and what causes it?  How can you prevent it?  Is it possible to claim compensation if I have developed the disease?

Malignant Melanoma Facts

Malignant melanoma is cancer of the pigment cells of the skin[2].  Although most know to keep an eye on moles and seek medical advice if they change shape or colour, it is less well known that melanoma can appear on perfectly ordinary looking skin[3].

In the UK, there are approximately 13,000 people diagnosed with malignant melanoma each year.  If the disease is diagnosed early and it has not spread to any other part of the body, it is highly likely that simply removing the cancer will cure the disease completely[4]. Almost 90% of people diagnosed with malignant melanoma live at least ten years after diagnosis.

What Causes Malignant Melanoma?

Although researchers have discovered the risk factors related to developing malignant melanoma, they do not fully know why some moles become cancerous and others don’t[5]. We do know that ultraviolet (UV) rays can damage the skin’s DNA, which can then go on to cause cancer.  Our biggest exposure to UV rays is from the sun. Using tanning beds can also increase your exposure.

Apart from chronic or intense exposure to UV rays, other risk factors which can lead to malignant melanoma developing include:

• A family history of the disease
• Having fair skin with blue eyes and blond or reddish hair colour
• If you have a larger than average number of moles on your body (50+)[6]
• Prolonged use of sunbeds[7]

Preventing Skin Cancer

As in most cases, prevention is better than the cure.  The best ways to prevent developing malignant melanoma are:

• Use sun sense. Stay out of the sun between 10am and 3pm. Wear loose fitted clothing that cover up exposed areas, wear a hat and sunglasses and use sunscreen
• Never allow yourself or your child to get sunburnt
• Avoid using sunbeds[8]
• Have your moles checked regularly by a health professional and be on the lookout for any changes in a mole’s colour, shape or size

Compensation

Because it is so important to diagnose melanoma early on order to heighten the chances of a complete recovery, you may be able to claim compensation if your health professional’s negligence caused a delay in diagnosis and this caused you additional harm (for example, you have to undergo more invasive treatment to remove the cancer from other parts of your body).

To talk to us about seeking compensation for a delay or misdiagnosis of malignant melanoma, then please contact us by filling in this form.  Our friendly, experienced lawyers will listen to your situation and advise you on the next steps to take.

Protecting The Vulnerable – Physical and Sexual Abuse of Children in Care

In June 2014, a horrifying report emerged from County Galway in Ireland where the bodies of 800 children were discovered in a mass grave located in an old septic tank beside what used to be a home for single mothers and their children.  Conditions in the home were poor, with high infant mortality rates, unsanitary conditions and emaciated children[1].

Unfortunately, the discovery of the bodies of these babies and children and the terrible conditions they were subjected to is far from an isolated case.  Since the 1990s, more and more people have come forward demanding compensation and apologies for the shattered lives they have led due to the abuse they suffered in state-run and church-run care homes.

Examples include:

• A public inquiry into 16 state and church-run orphanages and care homes in Northern Ireland due to run on until 2015 is investigating cases of physical and sexual abuse as far back as 1922[2].
• The findings of the Waterhouse Inquiry in 2000, led to the settlement of compensation claims of 140 victims of physical and sexual abuse in care homes in North Wales[3]. In 2012, new allegations led to further investigations. Police have stated that 235 people have come forward with allegations of abuse in the homes.  North Wales Chief Constable, Mark Polin, said: “Offenders quite rightly should have to look over their shoulders for the rest of their lives”[4]. In June 2014, a further six men were charged for historic abuse claims at a care home in Wrexham.
• The government has ordered local authorities to investigate the incidences involving 21 care homes across England in which it is alleged the late entertainer, Jimmy Savile, abused children in the 1960s, 70s and 80s[5].

In recent times, child care home policies have been drastically reformed and private companies now run 75% of residential care homes for children[6].

In July 2012, the Government released a statement outlining immediate changes to take place to protect vulnerable children in care homes[7]. This followed the conviction of nine men accused of the sex trafficking of young girls in Rochdale, Greater Manchester.

The immediate reforms included:

• Children are, as much as possible, to be placed in homes within their local borough.
• New procedures put in place so Ofsted can share information about the location of homes with police and other relevant institutions.
• Obtaining accurate numbers of all the children who are missing from care.

Working groups were also set up to review the set up of care homes, staff training and practices and offering a more ‘therapeutic’ environment to help at risk children overcome their challenges[8].

It has been reported that the victims of the Rochdale abuse ring will sue for compensation after a report stated that state authorities missed many opportunities to protect them[9].

If you have been a victim of past sexual or physical abuse, you can talk to one of our team members in strict confidence.  We understand the courage it takes to come forward and talk openly about these events and therefore we take every step to ensure we handle these types of matters with the utmost sensitivity and compassion.

How to Claim For Criminal Injury

Anyone who has been the victim of a violent crime will know that the physical and psychological injuries sustained can last a lifetime. It is therefore often essential that the victim receives some sort of compensation to cover loss of income and ongoing treatment costs.

So how do you claim for compensation for a criminal injury?  What does a person need to prove to ensure they meet the criteria for reparations?

This blog will answer these questions and give you detailed guidance about how the process works.

Who Can I Bring A Claim For Criminal Injury Against?

You can bring a claim for compensation for a personal injury sustained during a criminal attack against the following:

The individual who attacked you

You can bring a claim against the individual who caused your injury, however, it may be unlikely that you will receive any payment from them and you risk exposing yourself to even more stress and upset by having to engage with the individual who caused you harm.

Your employer

If the incident for which you are seeking compensation happened at work, you may be able to bring a claim for compensation against your employer if you can show that he or she exposed you unnecessarily to the risk of a personal injury. For example, if you were working in a shop alone at night and were injured in a robbery, you may be able to claim compensation from your employer if they did not provide adequate security for a sole-charge employee at night.

The Criminal Injuries Compensation Authority, (CICA) 

CICA is a government funded scheme which compensates blameless victims of violent crime in Great Britain.  For most individuals who have suffered a criminal injury, this is the best option.

How Can I Lodge A Claim With CICA?

CICA compensates both the victims of violent crime and the close family of a person who has died as a result of a violent criminal act. To qualify for a payment, you must report the incident to the police as soon as reasonably possible. Normally you must apply for compensation within two years of the incident which caused your injury or your loved one’s death occurring[1].

Providing the necessary documents and relevant evidence to support a claim for compensation rests with the claimant.  You may find it beneficial to engage a professional legal advisor to ensure you file your application correctly if your case is complex or involves a significant injury. However, legal representation is not needed in order to file a claim and is not funded under the scheme.

You may be required to show evidence proving:

• You meet the residency requirements needed to claim
• You received an injury that can be compensated under the scheme (e.g. medical reports)
• Loss of income, either now or in the future, caused directly by the criminal act

Blameless Victim

It is important to note that to receive full compensation under the scheme; you must show you were completely blameless.  The authority will consider your behaviour before, during and after the incident to see if you played any part in contributing to the situation in which you received your injury.  The authority will also take into account any evidence of drugs or alcohol consumed by the victim if it caused him or her to provoke the assault and they may refuse or reduce payments if you have a criminal record[2].

Have you been a victim of criminal injury?  What was your experience?  We welcome comments so please add yours below.

If you have been a victim of criminal injury and would like to know more about claiming compensation, please call us on 0800 221 8888 to discuss your situation.

A Woman’s Right To Her Own Body – Medical Negligence During Childbirth

In May 2014, it was reported that a New York woman was suing her doctors and Staten Island University Hospital after she claimed that she was forced into having a C-section which resulted in a perforated bladder[1].   This has once again opened the debate surrounding a woman’s right to make decisions regarding the refusal of medical treatment in childbirth.

As long as you have mental capacity, you have a right to refuse medical treatment, even if this means your life will be in danger.  This includes childbirth. However, when a health professional is charged with delivering a baby, there are two lives to consider. So whose rights are paramount – the mother’s or that of the unborn child?

Childbirth’s Deadly History

It is important to remember that medical advances in childbirth have massively increased the survival rates and reduced the incidents of birth injuries in both women and babies.  Right up until the modern age, childbirth has been a hazardous experience, and if something went wrong very little could be done.  If you haemorrhaged, you died.  If the birth was obstructed, you died (often after days of agony). The invention of forceps in the 16^th Century gradually started to reduce mother and child mortality rates (tragically the development of forceps was kept a secret for more than 100 years by its inventors, the Chamberlen family[2]).  Caesareans have been carried out since ancient times, but the procedure was historically used to save the life of the unborn child and the mother almost always died.  In fact, it was not until the 1500s that a woman was recorded to have survived a caesarean[3].

A Two-sided Debate

As always, there are two sides of the maternal versus foetus rights debate.  Those who argue that the mother’s rights are paramount, state that there is no basis in law for foetal supremacy and if a woman’s basic human right to have control over her own body is ignored, then she is reduced to the role of  a “vessel” rather than a human being[4].   In one case[5], the Court of Appeal supported this view by stating in its judgment, “Pregnancy does not diminish a woman’s entitlement to decide whether or not to undergo medical treatment. Her right is not reduced or diminished merely because her decision to exercise her right may appear morally repugnant.”

Of course, the other argument in favour of the mother having total control over what happens to her during labour, is that all medical procedures carry a form of risk. If doctors can ignore a patient’s express wishes regarding refusal of treatment, what are the consequences if that treatment goes wrong?

On the other side of the debate is the concern of how to protect a mother and a baby from ill-informed decisions[6].  Is it right for a health professional to stand by and allow a healthy infant to perish because the mother has refused medical intervention?  In one case[7], in which doctors applied for and obtained a Court order for an unconsented caesarean delivery whilst a woman was already in active labour, a Florida Court held that “Because of the very substantial risk that the course Ms. Pemberton was attempting to pursue would result in the death of her baby, requiring her to undergo an unconsented caesarean section did not violate her constitutional rights. …[8]”. In 1992, a UK Court held “that in a situation in which the lives of mother and the unborn child would both be at risk if the operation were not performed, it was open to the court to make a declaration that the operation could be performed notwithstanding the mother’s refusal of consent”[9].

Unconsented Treatment and Medial Injury

If you have not given proper, informed consent for medical treatment, the health professional that performed the treatment can be charged with battery[10].  A claim for medical negligence can also be made if things go wrong, if proper informed consent is not given.  This rests on the basis that if the health professional had given the patient concerned full disclosure of the risks involved in the procedure, the patient may have refused to give consent and the procedure that gave rise to the complication may never have taken place.

People will continue to debate the rights of a Mother and that of an unborn child and many will be watching the case outlined at the beginning of this post with interest.  However, if you have been the victim of medical negligence which you believe was caused in whole or in part because you did not have the opportunity to provide full, informed consent to the procedure performed on your person, then contact us today.  Our compassionate, experienced lawyers will listen to your story and advise you on how to go about seeking compensation.