Artist escapes manslaughter charge but what lessons can be learnt, asks BSC
April 23rd 2009 Maurice Agis, the artist responsible for Dreamscape, the inflatable structure which broke free of its moorings and killed two spectators in July 2006, was found not guilty of manslaughter after the jury failed to return a verdict.
Mr Agis, was fined £10,000 for health and safety breaches. Event Management company Brouhaha International, and Chester-Le-Street District council, which helped organise the event, were also fined.
Leading health and safety charity the British Safety Council (BSC) has advised that recklessness in the art, leisure and entertainment industries should not be tolerated just because they are termed ‘artistic’.
BSC CEO Brian Nimick said: “Of course we all want to enjoy ourselves out there but we have a right to know that we are being protected as far as is possible for accidents and danger. This is not about being killjoys, it is about sensible safety precautions. When an activity takes place in the name of art, leisure or entertainment, it is often not subject to the same rigours as in other walks of life. There is a temptation to be less stringent, to categorise it as harmless recreation. If the same activity is placed in a different context, such as the workplace, it is viewed far more seriously. Would a structure, with wholly inadequate safety measures in place, be tolerated on a construction site?
“In any walk or life, we owe a duty of care to society. It is common and accepted practice to undertake a risk assessment in a place of work. This is not the case in all other arenas”
It is understood that Mr Agis did undertake his own prior risk assessment, but it was found to be completely insufficient. “This tragic case illustrates that it is time to ensure that all such installations are thoroughly and competently risk assessed before they are unveiled to the public. We emphasise the need for a much stronger and more robust inspection process” added Mr Nimick.
The British Safety Council urged those responsible for the safety and welfare of the public in the arts, leisure and entertainment sectors to view this tragic case as a reminder of their collective duty of responsibility to ensure that a similar tragedy is not repeated.
Let’s not deter people from attending public displays and enjoying their recreation, quite the opposite. But the spotlight must fall upon those responsible for their maintenance and in this area we must be rigorous and set a firm example. No one should lose their life in the name of art. More articles from British Safety Council: | 
