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With the growing popularity of YouTube and other video sharing websites, daredevils and stuntmen have easy access to a public forum to share their feats. Today's daredevils film themselves jumping off buildings into pools, and doing all sorts of other death-defying things with high-definition video cameras strapped to their bodies. However, the stunts of today lack the same level of showmanship that classic daredevils like Evel Knievel or even Super Dave Osborne used to provide.
Recently, one YouTube daredevil, 8booth, who is known for jumping off tall buildings, cliffs, and structures into water, missed a jump into a pool and broke both his feet. While there has been an outpouring of sympathy for the daredevil, there has also been an overwhelming amount of vitriol against him.
If a person is hired as a daredevil, then there may actually be some rights owed by the hiring company to the daredevil. While, by definition, a daredevil's job is to risk life and limb while performing a stunt, a hiring company could be liable if a stunt is impossible, or improperly executed, and the daredevil is injured.
However, due to the way that most daredevils now operate independently in the YouTube world, stunts are frequently performed out in public, or even on private property. Sometimes, as in 8booth's recent failed stunt, daredevils are trespassing. In fact, 8booth was arrested last year due to videos posted on YouTube of him performing stunts while trespassing.
An owner of property is generally not liable to trespassers for the injuries sustained by the trespassers, unless the injuries are intentionally inflicted by the owner, or the owner has reason to expect the trespassers (such as people routinely walking across their property to get to a public road or a park). In the case of daredevils, it is highly unlikely that a property owner would be held liable for the injury they sustain when performing a stunt while trespassing.
However, this may not be the case if the daredevil is a child and the stunt involves a feature on your property that could be considered an attractive nuisance.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.