‘The Walking Dead’: AMC Hit With Lawsuit Over Set Accident

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A wrongful death lawsuit has been filed against AMC and The Walking Dead production company Stalwart Films over the death of stuntman John Bernecker during the filming of season 8.

Bernecker fell off the 22-foot high roof of a Sanctuary set on July 12th after missing a crash pad. His mother, Susan Bernecker, had previously declared her personal mission to “seek justice” over the incident and highlight how Hollywood cuts back on budgets for stunts.

“The production of Season 8 of The Walking Dead, like seasons before it, had an emphasis on keeping production budgets low and profits high,” the lawsuit reads. “As part of this emphasis, the AMC Defendants pressured Stalwart Films to maintain unreasonably low budgets and expenses for episodes, including the budget allotted to stunts. Accordingly, the production of ‘The Walking Dead’ repeatedly cut corners on safety precautions, including as it pertained to stunt performances.”

The reports of AMC cutting The Walking Dead’s per episode budget became known after the show’s creator and former showrunner Frank Darabont was fired. he claims, for fighting against budget cutting. The decision to film season 2 of the show entirely on the Greene farm was a result of the budget cuts, and AMC executives went so far as to demand more indoor shooting and zombies that were heard but not seen in order further cut production costs.

A court will decide if similar budget cuts went on regarding stunt safety, but there are some details in the lawsuit:

“On the ground below, the only fall protection for the scene consisted of an area of padding made up of a ‘port-a-pit’ pads on top of 22-inch cardboard boxes tied together by rope. No air bags were used, nor were any spotters in place. The padding did not fully extend under the balcony.

“Before filming, the fall was never rehearsed. While a medic was present at the filming location, there was no ambulance or medical transport at the filming location, contrary to industry standards.

“After John’s fall, there was no ambulance on site. It took over 30 minutes from the time of the fall before John was evacuated by helicopter for medical treatment. Ultimately, due to the delay in transport, it took roughly one hour after John’s fall before he was hospitalized for his injuries.

The lawsuit includes a list of other safety shortcomings that likely contributed to the death of Bernecker, and noted that the Occupational Safety and Health Administration had hit Stalwart Films with the maximum possible penalty after their investigation of the accident.

AMC’s response to the lawsuit denied wrongdoing, saying “We take the safety of our employees on all of our sets extremely seriously, and meet or exceed industry safety standards. Out of respect for the family, we will have no further comment on this litigation.”