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02-18-2022, 09:20 AM   #1
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Photography is a Dangerous Business

Moderator, if this already reported on this forum please feel free to delete this post.

Camerawomen Kelly Smiley fell and got severe injury while making picture of Matthew Stafford and his wife during NFL RAMS super bowl parade.


Matthew Stafford, Rams to pay for NFL photographer's medical bills after brutal fall off stage during parade - CBSSports.com

02-18-2022, 09:43 AM - 1 Like   #2
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Not looking where you're going is dangerous, with or without a camera or phone in hand. Fortunately for her it happened in a venue where there is plenty of money willing to try and massage some of the pain away.
02-18-2022, 12:13 PM   #3
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Quotes :

'In the live feed of the incident, which aired on Fox 11 in Los Angeles, Smiley was on the main stage and was attempting to take a cell phone picture of the Staffords and as that was happening, she took a few steps back, but didn't realize she was at the edge of the stage. '

'On Thursday, the Staffords and the Rams released a joint statement.
<snip>
"As we told Kelly, we will be covering all her hospital bills and replacing her cameras. We wish her a speedy recovery." '

End of quotes

As she was using a cell phone, what 'cameras' are being replaced ?
02-18-2022, 12:37 PM   #4
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QuoteOriginally posted by 35mmfilmfan Quote
As she was using a cell phone, what 'cameras' are being replaced ?
"...it appears that Matthew Stafford and his wife, Kelly, asked Smiley to take a picture of them." Probably either Matthew or his wife gave her a phone. But that my interpretation. I am not sure. Obviously she shoots mostly with camera. Here is link to her site: https://kellysmileyphoto.com/about-page

02-18-2022, 01:10 PM   #5
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QuoteOriginally posted by jumbleview Quote
"...it appears that Matthew Stafford and his wife, Kelly, asked Smiley to take a picture of them." Probably either Matthew or his wife gave her a phone. But that my interpretation. I am not sure. Obviously she shoots mostly with camera. Here is link to her site: https://kellysmileyphoto.com/about-page
OK, I didn't read it that way, and that point was certainly not explicitly stated. Being cynical by nature, though, I can't help thinking it has got her a lot of free publicity, and possibly sympathy.
02-18-2022, 01:38 PM - 2 Likes   #6
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QuoteOriginally posted by 35mmfilmfan Quote
OK, I didn't read it that way, and that point was certainly not explicitly stated. Being cynical by nature, though, I can't help thinking it has got her a lot of free publicity, and possibly sympathy.
Judging by the video, she was carrying some kind of bag on her left shoulder and there was a Canon strap on her right, but I couldn't see the nature of her gear.

She'd probably rather have a not-broken spine than any publicity and sympathy, I'm guessing.

I would think the venue's insurance should cover her medical bills plus other expenses.
02-18-2022, 02:41 PM   #7
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There is one more aspect of this incident. It is reaction of Matthew Stafford. You see, he is almost national hero. Man, who lead the team to the Title. And his reaction to the fall of the person with whom he was seconds ago engaged in some conversation looks like scene from the bad comedy. I can only quote Nasim Taleb here: "Sports feminize men and masculinize women."

02-18-2022, 07:23 PM   #8
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He's trained to sit back in the pocket with a number of bigger guys out front protecting him, not (most likely) emergency first aid. Yeah it looked awkward as most accidents do, and sorry, but winning a football game, even in the last minute does not an almost National hero make....especially not with the lame excuses for ads they foisted off on the world.

---------- Post added 02-18-22 at 08:24 PM ----------

QuoteOriginally posted by luftfluss Quote

I would think the venue's insurance should cover her medical bills plus other expenses.

As a working pro, she should have her own coverage.
02-18-2022, 07:27 PM   #9
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QuoteOriginally posted by JohnMc Quote
As a working pro, she should have her own coverage.
The venue is still on the hook. Either she goes after them, or her insurance (if she has it) does (subrogation).
02-18-2022, 10:06 PM   #10
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Was using their phone a part of her professional duties at the time? Is she an employee or independent contractor? Of course the venue's carrier will likely settle any remaining claim, especially given the franchise and Stafford's standing up quick on that point. But I also know that if I'm hired to shoot an interior, the the property owner isn't generally liable for my injury due to my negligence having walked backwards and down a stairs or over balcony. Was the stage an unsafe structure/workplace? Subrogation is only the right to sue to try and collect, a victory could amount to $1 or millions.
02-19-2022, 01:03 AM   #11
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QuoteOriginally posted by jumbleview Quote
There is one more aspect of this incident. It is reaction of Matthew Stafford. You see, he is almost national hero. Man, who lead the team to the Title. And his reaction to the fall of the person with whom he was seconds ago engaged in some conversation looks like scene from the bad comedy. I can only quote Nasim Taleb here: "Sports feminize men and masculinize women."
It's a bad, bad look for him. The video clearly shows him saying something like "Whoa!" or "Wow" as she falls, then he turns and walks away. Meanwhile, his wife immediately rushes to the edge of the stage, looks over and then sits down on the edge of the stage (which is quite high). At least she shows concern and for all we can tell, is actually concerned, about the person who they had asked to take their photo.

I don't look at him as a national hero, exactly. But he's certainly a person with a fair amount of status and we might like to think he has certain qualities of decency. Unfortunately, a sports hero isn't necessarily always a decent human being as many have seem determined to prove for several years. Another cad in a long list of cads (no, that's not a Boomer word -- it's a pre-greatest gen word!)

https://twitter.com/LoganTheHammer/status/1494057292853096453
02-19-2022, 07:47 AM   #12
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Boomer never won a Superbowl, with words or passes, though he does seem to be quite a decent fella, he's not an EMT either. Most EMT's will tell you getting a celebrity involved at a crowded scene is most often counterproductive.
02-19-2022, 08:16 AM   #13
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QuoteOriginally posted by JohnMc Quote
Was using their phone a part of her professional duties at the time? Is she an employee or independent contractor? Of course the venue's carrier will likely settle any remaining claim, especially given the franchise and Stafford's standing up quick on that point. But I also know that if I'm hired to shoot an interior, the the property owner isn't generally liable for my injury due to my negligence having walked backwards and down a stairs or over balcony. Was the stage an unsafe structure/workplace? Subrogation is only the right to sue to try and collect, a victory could amount to $1 or millions.
Subrogation is when one party - the claimant's insurance company - attempts to collect from the insurance of the "at fault" another party - the venue, or possibly whoever was responsible for hiring the photographer. Typically, there is no lawsuit. We don't yet know who was responsible for her presence there.

Assuming CA law is similar to NJ/NY's - where my experience in workers' comp lies - she did not have to be engaged in "professional duties" at the time of accident, she just had to be there for cause.

I of course don't know the language in your contract, but if some guy gave you $500 to make a few photos of his home and you injured yourself by falling down the stairs, the homeowner is on the hook, although I don't know how much this varies by state. That's why it is so important to check the insurance of the person you are contracting with.
02-19-2022, 09:31 AM   #14
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I'm quite aware of what subrogation is, to the point of prevailing once as a 23 year old party in an accident where we both had the same insurer who attempted a subrogation trick between themselves at my expense though no fault or citations were issued issued. Heck, the officer even went back the next day and observed the light conditions and control signal timing and dropped me a note saying the woman I hit in the intersection on her front left bumper would have difficulty proving she had right of way (she was making a right turn into my lane) and that I had (il)legally run a red light clearing 6 1/2 lanes of 7 during rush hour in NW Philly. Oh, the brotherly love those folks blew.


I've also been in many a venue that required a signatures on a waiver and proof of insurance for access, as well the same in renting commercial spaces. Of course that doesn't eliminate the lawyers, but it can reinforce the notion that such creatures generally only dive in a pool of money where they feel comfortable not bumping their heads on the bottom.


And no, the homeowner may be on the hook; you don't know I wasn't PUI or getting randy with my assistant. The one thing we both know is that many claims are made to go away quickly for cosmetic reasons and/or reduced costs rather than actual liability. That's why the team and Stafford threw money at it so quickly - that doesn't imply they're not also truly concerned for her. I'd be willing to bet that she needs/ed to sign something to get that money, too. That doesn't necessarily mean she or her provider/carrier can't or won't sue, but it doesn't mean they will either., but you know what they say about making assumptions.
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