Abrakadazzle! David Copperfield and lessons in liability for hotels and entertainers.
Master magician David Copperfield nightly mesmerizes his Vegas audiences with jaw-dropping illusions. Like many magicians, Copperfield uses volunteers in his shows, which are presented at the MGM Grand Las Vegas. In one such trick, 13 audience members, apparently chosen at random, take the stage. A curtain descends, and momentarily all 13 appear in the back of the theater amid rousing applause. The secret move, disclosed in a recent lawsuit, is this: the 13 are hurried from the stage to the rear of the theater via a passageway that leads out and through MGM.
One night one of the participants, en route through the maze, tripped and fell. He claimed various injuries and sued Copperfield and MGM for negligence, seeking $1 million.
Deception may be the coin of the realm for magicians but not so in court. At the trial the injured participant testified he has been unable to walk without assistance since the accident. To approach and leave the witness stand, he leaned on the arm of the marshal. Turns out this was smoke and mirrors. Six surveillance videos of plaintiff’s comings and goings, secured by Copperfield and the hotel, presumably by hiring a private detective, showed plaintiff walking normally and unaided. A big reveal!
A seemingly obvious legal principle requires plaintiffs to prove that their injuries were caused by the negligence of the defendant. This mandate is called proximate cause, and in a proper case, can serve as a defense you can pull from a hat.
Evidence in the Copperfield case established that a ramp in the passageway traversed by the 13 volunteers violated the state building code. Directing audience members to use an out-of-code ramp is negligent. Plaintiff testified he tripped on the offending ramp. Evidence presented by MGM and Copperfield suggested that plaintiff tripped on a flat surface 15 feet away from the ramp, caused by catching the toe of his shoe on the ground. The jury, no doubt feeling burned by plaintiff’s falsification, accepted the hotel’s version. Without a causal link between the hotel’s negligence and plaintiff’s injury, no sleight of hand could save plaintiff’s lawsuit. Case dismissed.
The lessons: Attention and care to all aspects of a facility are indispensable to ensure guests’ safe and enjoyable visits. Truth is a trust-builder, and trust is indispensable when attempting to convince a jury. Although entertaining, prestidigitation will not win the day in court.
Karen Morris is a lawyer, municipal judge and Distinguished Professor at Monroe Community College in Rochester, N.Y., where she teaches hospitality law. Contact her at [email protected].