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Haarlem Circus Cleared in Acrobat’s ‘Rad of Death’ Fall
Haarlem – January 4, 2023 – A Dutch court has determined that the Haarlem Christmas Circus is not liable for the injuries sustained by an acrobat who fell during a performance of the “Rad of Death” act. The accident, which occurred in Haarlem, Netherlands, involved the Mustafa Danguir Troupe, and resulted in the acrobat, known as “Appie,” suffering serious injuries. The court’s decision highlights the legal complexities surrounding the circus and its acts, and underscores the importance of understanding the employment relationships in such instances.
Haarlem Christmas Circus Cleared of Liability in Acrobat’s ‘Rad of Death’ Fall
A judge in alkmaar has ruled that the Haarlem Christmas Circus is not liable for an accident in 2023 involving an acrobat who fell from the “Rad of Death” during a performance. The court persistent that the circus director could not be considered the acrobat’s employer.
The Incident
- Date: january 4, 2023
- Location: Haarlem, Netherlands
- Act: “Rad of Death” performed by the mustafa Danguir Troupe
- Acrobat Injury: Identified as “Appie,” suffered broken pelvis and ribs.
- Audience: Hundreds of spectators, including children, witnessed the fall.
Did You Know?
The “Rad of Death” is a high-risk circus act where performers walk inside and outside rotating wheels, often reaching heights of up to 33 feet (10 meters) without safety nets or cables.
The Ruling
The central question in the lawsuit was whether René Duursma,the circus director,could be considered a “material employer” of the injured acrobat,”Appie,” under liability law.
At the wheel of death, artists walk in and on a two on and around wheels of up to 10 meters above the ground, without safety cable and safety net.
The court found that Duursma was not the employer because:
- Duursma contracted the Mustafa Danguir Troupe, a Spanish-Moroccan company, to provide the acrobatic act.
- Duursma’s involvement was limited to promotion and ticket sales.
Executing the risky circus act is not the business operation of Duursma.
- Duursma had
no influence on the working conditions of the acrobat and on the related safety risks.
Pro Tip
In cases involving self-reliant contractors, courts often examine the level of control the hiring party exerts over the contractor’s work to determine employer status.
Circus Experts Weigh in
Following the accident, circus experts commented on the inherent dangers of the “Rad of death.”
According to reports, experts labeled the wheel as very dangerous and impossible,
noting that accidents happen more often
and that thes kinds of risks are part of it.
Though, the lawsuit did not focus on the safety of the act itself, but rather on the employment relationship between the circus director and the acrobat.
Pop Festival Analogy
The judge drew a comparison to the music industry to illustrate the distinction between hiring an artist and being their employer.
In this line of thought, Mojo Concerts BV – as organizer of Lowlands – is a material employer of Charlie XCX, Dua Lipa and Chapell roan.
The court clarified that simply hiring an artist does not automatically make the organizer their employer.
Frequently Asked Questions
- Was the circus found liable for the acrobat’s injuries?
- No, the court ruled the circus was not liable.
- What was the main reason for the court’s decision?
- The circus director was not considered the acrobat’s employer.
- What is the “rad of Death?”
- A high-risk circus act involving performers walking on rotating wheels at a significant height.
- who performed the “Rad of Death” act?
- The Mustafa Danguir troupe, a Spanish-Moroccan company.
