Could Madonna be entitled to compensation following her recent accident at work? The internet is plagued with videos and spoofs of Madonna’s tumble at the Brit Awards on Wednesday night, but could Madonna’s first thought be to seek compensation for her injury and its impact on her future earnings?
Madonna has denied that the fall was a publicity stunt and claims that the cape was tied too tightly by her choreographers to save it from falling off. Madonna has said that she is suffering with whiplash following the fall and had to be monitored until 3am to ensure that she remained conscious.
As with any personal injury claim, if Madonna wanted to claim compensation she will need to establish that the accident gives rise to entitlement to compensation. The starting place would be to look to see whether the risk assessments were carried out to identify and minimise the risk of injury. In this day and age it is unlikely that standing backwards above a flight of stairs, in a long cape and ‘stunning’ heels would not have caused concern for the Brits Health and Safety officials. We must also look at the costume designer, could there have been a better way to remove the cape? Velcro perhaps? Was the possibility of strangulation or the fall assessed at all?
We would also collect CCTV footage of the accident and take witness statements from those who were party to the fall. Were the dancers negligent in pulling the cape without checking it had been successfully untied?
With so many parties involved: Madonna’s own team (who are employees? Who is a contractor?), outsourced costume designers (Should Armani’s insurers be worried?), The Brits organisers, the O2, the potential legal duties and responsibilities leave us with an interesting scenario from an injury claim and health & safety perspective.
The Health and Safety Executive may also be awaiting a RIDDOR report if the injury renders Madonna off work for more than seven days so let’s hope the accident book and incident record has been completed.
We wish Madonna a speedy recovery, and as with all those who have been involved in an accident at work, we invite her to take up our free consultation service to discuss her circumstances in more detail.
If, like Madonna, you have had an accident that wasn’t your fault, please contact a member of our Accident and Injury Team on 01279 755777.