At a personal level, the legal concept of reliance is likely valid, from a civil perspective and perhaps criminal (not an attorney). He reasonably relied on professional experts in gun handling, hired to provide him a prop that was safe to fire on a movie set to do so. I guess you're an attorney and know better than me.
I'm not admitted to the Bar in Arizona, but if you substitute 'car" for "gun" and tell the story.....
.......who was steering the vehicle when it struck the decedent?
It makes not a whit of difference what mechanic worked for what car rental company if you drove into someone intentionally.
This is why waivers of liability come into play.
Case opinion for AZ Supreme Court PHELPS v. FIREBIRD RACEWAY INC. Read the Court's full decision on FindLaw.
caselaw.findlaw.com
Supreme Court of Arizona,En Banc.
Charles PHELPS, an Arizona resident, Plaintiff-Appellant, v. FIREBIRD RACEWAY, INC., an Arizona corporation aka and/or dba Firebird International Raceway, a corporation, Defendant-Appellee.
No. CV-04-0114-PR.
Decided: May 18, 2005
Skousen, Skousen, Gulbrandsen & Patience, P.C. by David L. Abney, Mesa and Law Offices of Hartley E. Newkirk, by Hartley E. Newkirk, Tucson, Attorneys for Plaintiff-Appellant, Charles Phelps. Jennings, Strouss & Salmon, P.L.C. by Jay A. Fradkin, John J. Egbert, Phoenix, Attorneys for Defendant-Appellee, Firebird Raceway. Osborn Maledon, P.A. by Thomas L. Hudson, Taylor C. Young, Phoenix, and Piccarreta & Davis, P.C. by JoJene E. Mills, Tucson, Attorneys for Amicus Curiae, Arizona Trial Lawyers Association. Law Offices of Charles M. Brewer, Ltd., by Charles M. Brewer, John B. Brewer, Dane L. Wood, Phoenix, Attorneys for Amicus Curiae, The Law Firm of Charles M. Brewer, Ltd.
OPINION
¶ 1 This case requires us to determine whether Article 18, Section 5 of the Arizona Constitution, which provides that the defense “of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury,” applies to an express contractual assumption of risk. We hold that it does.
I
¶ 2 Charles Phelps was a professional racecar driver who had participated in more than 100 races at Firebird Raceway, Inc. Before participating in a Firebird race, drivers must sign a “Release and Covenant Not to Sue” (“Release”) and a “Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement” (“Waiver”). Phelps signed both the Release and Waiver before taking part in a race. The Release contained the following provisions:
I HEREBY RELEASE, DISCHARGE AND ACQUIT ․ Firebird ․ from any and all liability claims, actions, or demands, including but not limited to [a] claim for death, which I may hereafter have because of my injury, death, or damage while on the track, ․ or when participating in any race activities․
I UNDERSTAND that participating in drag racing contains DANGER AND RISK of injury or death, ․ but, nevertheless, I VOLUNTARILY ELECT TO ACCEPT THE RISKS connected with my entry into the restricted area and with racing.
The Waiver's relevant provisions stated:
[T]he Undersigned ․ HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE [Firebird] ․ FOR ALL LOSS OR DAMAGE ․ ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE, while the Undersigned is in or upon the RESTRICTED AREA, and/or competing ․ or for any purpose participating in such event․
EACH OF THE UNDERSIGNED expressly acknowledges that the ACTIVITIES OF THE EVENT ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. EACH OF THE UNDERSIGNED also expressly acknowledges the INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
¶ 3 During the race, Phelps lost control of his vehicle and crashed into a wall. Phelps' vehicle erupted into flames and he suffered severe burns. Phelps sued Firebird in superior court, claiming that its employees were negligent in failing to rescue him more quickly from the burning vehicle and in failing to provide adequate emergency medical care. Firebird relied on the Release and Waiver in defending against Phelps' claims.