Hidden Perils Surrounding the Traditional 'The Wizard of Oz' Stage Performance
Contributing Author: Emma E. Swiftson
The December 2024 premiere of the monopoly-smashing movie adaptation of 'Wicked' on Broadway has been the talk of the town, from its star-studded cast to its groundbreaking special effects. The dazzling prequel musical is set to compose its own chart-topping symphony, mirroring the original film, "The Wizard of Oz," which holds the title of the most-viewed film in cinema history by the United States Library of Congress. Nearly a century later, the fantastical world of Oz remains robust, with 'Wicked' serving as a testament to the cinematic arts' transformation, especially concerning set safety.
No Place Like Trouble
Metro-Goldwyn-Mayer's (MGM) 1939 "The Wizard of Oz" was a critical sensation, notably for its impressive Technicolor palette and special effects, garnering Academy Award nominations for "Best Makeup" and "Best Art Direction." However, off-screen was no fairy-tale, with numerous set members suffering from chronic and acute physical consequences.
The film was produced in the early 20th century when numerous health and safety risks were unexplored. Among the risks it posed was the use of asbestos, commonly utilized in manufactured decorations at the time, in the film's props and fake snow. Despite a lack of fatalities directly linked to asbestos exposure, prolonged exposure could have triggered severe health issues for cast and crew members.
Original Tin Woodman ("Tin Man"), Buddy Ebsen, experienced alcohol poisoning due to unnoticed dangers of aluminum paint coating his entire body. Shortly into filming, Ebsen required oxygen and was hospitalized. Upon Ebsen's departure, another actor, Jack Haley, was brought in, and the aluminum makeup was replaced with an aluminum paste. Though Haley developed an eye infection from the makeup, he eventually made a full recovery.
In addition to toxic chemical exposure, the film's stunt safety was also a concern. Actress Margaret Hamilton, who played the Wicked Witch of the West, suffered severe burn injuries when the set's special effects caught fire during her entrance scene. Consequently, Margaret's stunt double, Betty Danko, took over filming the iconic "Fly, My Pretties" broomstick skywriting scene. In the scene, Betty sat on a broomstick attached to an asbestos-coated pipe suspended by wires. The pipe was rigged to emit smoke. However, during the third take, the pipe exploded, causing Betty to sustain severe leg injuries and internal organ damage, requiring surgery.
Unnamed CGI creatures were also allegedly injured when dropped by faulty wires while filming stunts. The extent of their injuries is unknown, yet worth noting in light of the frequency of such stunts today.
Film Set Safety Has Evolved to "Ooh, What a Beautiful Morning"
It is no secret that much has changed in the realm of filmmaking nearly a century later, particularly in terms of on-set safety. Film historian and author of "The Making of The Wizard of Oz," Aljean Harmetz, noted, "At that time, unions and workers' compensation did not exist."
Workers' compensation is now required by law for all hired cast and crew members (with some exceptions for contract/temp employees) in California. Under workers' compensation, production team members injured on-set will receive compensation for medical and rehabilitation expenses, as well as lost income. This insurance allows injuries to be covered, even if the accident was the victim's fault. It also provides financial security, which was not available for some injured parties during "The Wizard of Oz" filming.
However, the insurance may waive the victim and their estate's rights to file personal injury or wrongful death lawsuits. Stunt doubles face a significant challenge under the assumption of risk doctrine, given their informed consent to participate in dangerous stunts. Through proper legal counsel, it is possible to sue co-workers, third-party entities, or insurance companies in some cases or sue for intentional harm.
Productions today are also heavily regulated by OSHA safety codes. By law, production companies are responsible for providing a safe environment and enforcing safety guidelines. Some requirements include mandatory safety training, fire prevention measures, fall protection, appropriate personal protective equipment, and proper handling of asbestos and other hazards.
It is safe to assume that the 2024 'Wicked' production followed the best safety protocols, including testing costumes and sets for hazardous materials and hiring a safety coordinator for stunts. Moreover, the casting of Marissa Bode as "Nessarose" signified significant progress in representation and accessibility. As the first actress using a wheelchair to assume this role, her inclusion highlighted the significance of authentic casting and opportunities for individuals with disabilities in the entertainment industry. Nessarose's character, who uses a wheelchair in the story, was now portrayed by an actress with an actual disability, enhancing the authenticity and depth of the performance. This decision reflected the broader push toward diversity and inclusivity within the arts, ensuring productions are representative of our world.
"Somewhere Over the Rainbow" or In Court?
Although many cast members of "The Wizard of Oz" have since passed away, their estates or representatives of other classic films might have grounds to file negligence lawsuits regarding hazardous on-set conditions. In California, claims must be filed within two years of the injury or death. However, as more information surrounding hazardous substances becomes available, such as asbestos exposure, victims can file suits under the delayed discovery rule, which allows for lawsuits to be filed within one year following the discovery of health issues or the cause of death.
Although America's popular film seemingly dodged the judicial system's scrutiny, it does highlight the continuous crusade to enforce on-set security, especially with the "Rust" firearms safety incident under the spotlight. As we delight in Ariana Grande and Cynthia Erivo rejuvenating their predecessors' enchantment, it's crucial to recall the "maleficent" repercussions of carelessness.
John J. Perlstein is a seasoned personal injury and wrongful death attorney based in Los Angeles, Orange County, and nearby regions. With over two and a half decades of legal expertise, he has tackled countless injury lawsuits, such as those stemming from intricate car accidents, motorcycle accidents, slips and falls, severe injuries, property liability, and wrongful death claims.
- Despite the success of 'Wicked', its prequel musical, Cynthia Erivo and Ariana Grande's performances will be under scrutiny, given the legal battles surrounding the health and safety of actors like Buddy Ebsen and Margaret Hamilton in the original 'Wizard of Oz' starring Judy Garland.
- The 2024 Broadway premiere of 'Wicked' could face potential legal challenges if any hazardous materials or unsafe conditions are discovered, following the examples set by workers suing the production of 'The Wizard of Oz' for asbestos exposure and other health issues.
- John J. Perlstein, a renowned personal injury attorney, will likely be monitoring the 'Wicked' production closely, expecting to represent any cast or crew members who may suffer health issues or injuries due to negligence, as he often does in cases involving car accidents, motorcycle accidents, and wrongful death claims.
- As 'Wicked' goes into production, it will undergo rigorous safety checks and testing for hazardous materials, such as asbestos, and will appoint a dedicated safety coordinator for stunts, as required by OSHA safety codes, in an effort to avoid legal battles and protect cast and crew members from potential harm.
